2007 (1) TMI 103

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..... of decision of SC – sec. 154 clearly shows that only error which is apparent can be rectified – sec 154 isn’t helpful when issue is debatable – no reason to interfere with order of tribunal – revenue appeal dismissed - 144 of 2003 - - - Dated:- 31-1-2007 - P.D. DINAKARAN and MRS. CHITRA VENKATARAMAN JJ. JUDGMENT The Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.- 1. T .....

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..... e a reasonable opportunity to the assessee to state its objection. Thereafter, the Officer passed an order once again to hold that the assessee was not entitled to carry forward the amounts assessed under Section 115 J for set off for the subsequent years and hence the amount of Rs.21.00 lakhs and odd alone would be carried forward as unabsorbed depreciation to be set off in the subsequent years. .....

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..... unal rejected the stand of the revenue on the question of jurisdiction only, to uphold the claim of the assessee. Aggrieved of this, the revenue is on appeal before this Court. 4. It may be seen that the proceedings for rectification was made as early as 1993. Admittedly, on the date when the proceedings were taken, the views of the Courts in the country were not uniform. Given the scope of .....

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