2008 (9) TMI 114

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..... 2003, u/s 154, therefore the rectification proceedings were not in order – held that issue was debatable one and hence provisions of s. 154 couldn’t be invoked – no reason to interfere with the findings of tribunal - 366 of 2008 - - - Dated:- 8-9-2008 - BADAR DURREZ AHMED AND RAJIV SHAKDHER JJ. Ms. Prem Lata Bansal for the appellant. Salil Kapoor with Ms. Sena K. for the responsdent. .....

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..... ct of 2002, with effect from June 1, 2002, was prospective and that surcharge could only be levied in respect of searches conducted after June 1, 2002. The search in the present case was conducted on November 25, 1999. 4. The second point on which the Tribunal agreed with the assessee as well as the conclusion arrived at by the Commissioner of Income-tax (Appeals) was that the issue with regar .....

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..... action under section 154 of the said Act is predicated by the jurisdictional question of whether the said provision was properly invoked or not. In so far as that is concerned, it is an admitted position that if the issue was debatable one, then the provisions of section 154 of the said Act could not be invoked. We find that the Commissioner of Income-tax (Appeals) has gone into great detail into .....

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