TMI Blog2016 (5) TMI 1525X X X X Extracts X X X X X X X X Extracts X X X X ..... saur Steels Ltd. and JCIT [ 2012 (9) TMI 839 - SUPREME COURT ] and in the case of CIT Vs. Soora Subramanian [ 2009 (10) TMI 579 - MADRAS HIGH COURT ] wherein it was held that section 154 of the Act can only be invoked for rectifying mistake which is apparent on the face of the record but not in respect of an issue which is debatable in nature. In these circumstances, we do not find it necessary to interfere with the order of the learned Commissioner of Income Tax (Appeals) on this issue. - Decided against revenue. - I.T.A. No. 1155/Mds/2014 - - - Dated:- 25-5-2016 - SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER For the Appellant : Mr. R.Meenakshisundaram, ITP For the Respondent : Dr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit on capital goods was not the payment made during the relevant assessment year and since the assessee had opted for set off of the CENVAT credit against the future liabilities to the Central Excise department, it was not an allowable expense for the relevant assessment year. However, on appeal, the learned Commissioner of Income Tax (Appeals) deleted the disallowance made by the learned Assessing Officer by observing as under:- I have carefully considered the facts of the case and the submissions made by the learned Authorized Representative. I find the issue under appeal to be squarely covered by the decision of the Hon ble Supreme Court and the jurisdictional High Court relied on by the appellant as reported in 349 ITR 360 and 330 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... batable and cannot be rectified by invoking the provisions of section 154 of the Act because rectification of mistake under section 154 is only permissible for rectifying any mistake that is apparent on record. It was therefore prayed that the order of the learned Commissioner of Income Tax (Appeals) may be upheld. 6. We have heard the rival submissions and carefully perused the materials available on record. From the facts of the case it is apparent that the learned Assessing Officer has invoked the provisions of section 154 of the Act after passing orders under section 143(3) r.w.s. 147 of the Act on an issue which is debatable and to be decided by a conscious thought process. Therefore we are of the considered view that, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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