9911796707
TMI Blog2006 (11) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... t the issue being debatable, the Assessing Officer was not justified in disallowing deduction claimed by way of adjustment under section 143(1)(a) of the Income-tax Act, 1961?" At the outset, Mr. M.R. Bhatt, learned counsel for the Revenue, fairly admits that the issue is covered against the Revenue by a judgment of this court dated November 2, 2006, in CIT v. Manubhai M. Patel in Income-tax Ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee was claiming the deductions, the judgments of the Tribunal and of the different High Courts were in favour of the assessee wherein the Tribunals or the High Courts had observed that to the extent of 40 per cent. deductions would be permissible subject to verification. We are not concerned with the judgments of the Tribunals or of the High Courts, but, the question would be that whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xercised. In the present matter, the Assessing Officer, in view of the debatable issue relating to deduction or disallowance of the deductions, could not proceed under section 143(1)(a) of the Act." When the issue relating to deduction or disallowance of deductions is debatable, the Assessing Officer cannot make any adjustment in an order under section 143(1)(a). We, therefore, see no infirmity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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