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TMI Blog2024 (10) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant. Mr. Deepak Aggarwal, Advocate for the respondent. ORDER G.S.SANDHAWALIA, J.(Oral) [1]. The present appeal under Section 260-A of the Income Tax Act, 1961 (for short 'the Act') is directed against the order dated 29.05.2013 (Annexure A-3) of the Income Tax Appellate Tribunal, Chandigarh, wherein the appeal filed by the Revenue against the order dated 31.08.2012 (Anexure A- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 319 ITR 208 recording that the issue being debatable, recourse to rectification under Section 154 of the Act to change the opinion, could not be undertaken. [3]. It is not disputed that the tax effect in the present appeal is only of Rs. 22,73,715/- and that was the amount which was demanded by way of order of the Income Tax Officer by passing the rectification order and raising the said demand. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Coordinate Bench of this Court in which one of us (G.S.Sandhawalia J. is a Member) in ITA No.716 of 2009 titled as PMS Diesels Vs. Commissioner of Income Tax decided on 29.04.2015, has also discussed the judgment of Special Bench of Tribunal and other two judgments of the Gujarat and Calcutta High Court, which have also found mentioned above while deciding the principle whether the term ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 018 and in view of low tax effect. Revenue thereafter, filed the application and got the appeal restored on 27.09.2019, claiming that the case would fall under the exceptions in para No.10 of the Circular No.3/2018 dated 11.07.2018. [7]. In such circumstances, the matter is again been heard on merits. Keeping in view the above discussions, we are of the considered opinion that the view which has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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