1983 (10) TMI 140

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.... of the assessee relates to the assessment year 1980-81. The question is whether the assessment which allowed 30 per cent depreciation on motor vehicles used for the purposes of transport business should be rectified to allow 40 per cent depreciation. 2. The return was furnished on 30-7-1980. On 1-4-1980 depreciation rules as it stood provided only for 30 per cent depreciation. So when the asse....

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....e argued that apart from being debatable the amended rule is not applicable for the assessment year 1980-81. We disagree. We agree with the Commissioner (Appeals) to that limited extent. The principle that the law as on 1-4-1980 alone is applicable to the assessment year 1980-81 is not absolute but subject to qualification. Where any provision expressly states the date from which it is effective, ....

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....cause the assessee, instead of an appeal required only a rectification ? We are not suggesting that the defence of the debatability is open only to the assessees and not to the executive or statutory authority or that it is only a defence against the actions of the executive against the citizens. What we are saying is that there is no scope for any reasonable, genuine, bona fide or honest debate. ....