2009 (3) TMI 373

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..... m the eligible profit before claiming deduction under section 80-IB?” - The very fact that this court itself is divided on the issue, whatever be the merits of the matter, the Assessing Officer at least had no jurisdiction to exercise his jurisdiction under section 154. As and when there is conflict of opinion amongst the Benches the same cannot amount to an error apparent on the face of the recor .....

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..... s not deducted depreciation from the eligible profit before claiming deduction under section 80-IB?" 2. For the assessment year 2000-01 the Assessing Officer exercised jurisdiction under section 154 of the Income-tax Act, 1961. The issue pertained to claim of depreciation by an assessee. Aggrieved the assessee preferred an appeal before the Commissioner of Income-tax (Appeals). The Commissioner .....

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..... s of this court the matter has been referred to larger Bench. 4. The very fact that this court itself is divided on the issue, whatever be the merits of the matter, the Assessing Officer at least had no jurisdiction to exercise his jurisdiction under section 154. As and when there is conflict of opinion amongst the Benches the same cannot amount to an error apparent on the face of the record. Th .....

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