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TMI Blog2019 (3) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... ue could not have been the subject matter of proceedings u/s 154 and that the Assessing Authority by invoking Section 154 providing for the rectification of a mistake apparent on the face of the record, could not restrict the benefit of deduction under Section 80IA and 80HC of the Act. It is true that the question of law as to whether the relief under Section 80IA should be deducted from the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tnarayanan for Mr.R.Vijayaraghavan JUDGMENT DR.VINEET KOTHARI, J . The revenue has filed this appeal under Section 260A of the Act raising the following purported substantial questions of law arising from the order of the learned Tribunal dated 11.04.2007 whereby the learned Tribunal dismissed the Revenue's Appeal for the Assessment Year 1999 to 2000. The substantial question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the rectification order vide order dated 27.02.2006 or the appellate order dated 16.03.2007. Moreover, there was controversy in the decisions rendered by various Benches of the Tribunal on this issue and the matter travelled to the Special Bench. Therefore, it is clear that the issue is highly debatable and the CIT (Appeals) has rightly allowed the appeal by holding that the issue is debatable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under Section 80IA and 80HC of the Act. 5. It is true that the question of law as to whether the relief under Section 80IA should be deducted from the profits and gains by the business before computing the relief under Section 80 HC or not, is a question which is still open and has been referred to a Larger Bench of this Court in the case of MM Forgings and the matter is also said to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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