2010 (3) TMI 858

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..... g counsel for the appellant-Revenue.   (2) Though the Income-tax Appellate Tribunal, while passing the impugned order dated April 10, 2008, has not dealt with the issue as to whether under section 154 of the Income-tax Act, 1961 (the Act), it was permissible to charge interest under sections 234B and 234C of the Act before allowing credit for minimum alternate tax, in the facts of the presen .....

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..... ed interest under sections 234B and 234C of the Act before allowing credit for minimum alternate tax. The assessee carried the matter in appeal before the Commissioner of Income-tax (Appeals) who, after considering the submissions of the assessee, partly allowed relief by directing the Assessing Officer to rectify the order made under section 154 of the Act. The appeal filed by the Revenue before .....

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..... is debatable.   5. The impugned order dated April 10, 2008, made by the Tribunal nowhere indicates that the Tribunal has even considered as to whether the exercise carried out by the Assessing Officer was permissible considering the scope of the provisions of section 154 of the Act. The law on the subject-matter is well-settled. Any issue of law on which there may conceivably be two opinions .....

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