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Issues:
1. Competency of Inspecting Assistant Commissioner to withdraw extra shift depreciation allowance. 2. Justification of canceling orders of Inspecting Assistant Commissioner and Commissioner of Income-tax (Appeals). Detailed Analysis: Issue 1: Competency of Inspecting Assistant Commissioner to withdraw extra shift depreciation allowance. The case involved M/s Maharaja Shri Umaid Mills Ltd., where extra shift depreciation allowance was claimed and allowed by the Income-tax Officer. The Inspecting Assistant Commissioner issued a notice under section 154 of the Income-tax Act to disallow the allowance on certain items. The Commissioner of Income-tax (Appeals) upheld the decision, but the Income-tax Appellate Tribunal overturned it, stating that the matter was debatable and the Inspecting Assistant Commissioner lacked competence to withdraw the allowance. The High Court agreed, emphasizing that section 154 can only correct mistakes apparent on the face of the record, not debatable points. The Tribunal was directed to refer whether the Inspecting Assistant Commissioner was justified in withdrawing the allowance. Issue 2: Justification of canceling orders of Inspecting Assistant Commissioner and Commissioner of Income-tax (Appeals). The dispute centered around whether the items in question were eligible for extra shift depreciation allowance. The Appellate Tribunal found the matter debatable and overturned the orders of the lower authorities. The High Court noted that the Tribunal did not consider each item individually and failed to determine if there could be two opinions on their eligibility. The Court emphasized that if there is a possibility of differing opinions, it does not constitute a mistake apparent on the record under section 154. The High Court directed the Tribunal to refer whether canceling the orders of the lower authorities was justified based on the debatable nature of the items in question.
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