2010 (3) TMI 930

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..... 018/Mds/2005 for the assessment year 1996-97 was disposed of along with the assessee's appeal in I. T. A. No. 735/Mds/2005. The learned Departmental representative has submitted that in paragraph 5 of the impugned order, this Tribunal has held that the issue is a highly debatable one, which cannot be rectified under section 154 of the Act. Even otherwise, the issue is squarely covered in favou .....

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..... the Assessing Officer has only corrected a mistake in computation of total income and has not brought any fresh issue of disallowance under section 14A. On the other hand, learned counsel for the assessee has submitted that the assessee claimed exemption under section 80M with respect to the dividend income. He has referred to the rectification order dated August 16, 2004 and submitted that whe .....

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..... n view of these facts and circumstances of the case, we are of the view that no disallowance under section 14A of the Act can be made on deductions claimed under Chapter VI-A of the Act. Accordingly, we allow the claim of the assessee and disallow the claim of the Revenue." While deciding this issue, this Tribunal has relied upon the decision of this Tribunal in the case of Asst. CIT v. Tamil Na .....

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