2009 (3) TMI 373

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....i for the respondent. JUDGMENT 1. The Revenue is in appeal on the following question: "Whether on the facts and in the circumstances of the case the hon'ble Tribunal was justified in law in holding that a debatable issue which cannot be a subject-matter of rectification in proceedings under section 154 of the Act, without appreciating the fact that the assessee has not deducted depreciati....

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.... rectification application is not maintainable. 3. At the hearing of this appeal on behalf of the assessee the learned counsel draws our attention to the order passed by this court on December 19, 2008 in Income-tax Appeal No. 1282 of 2007 in the case of Plastiblends India Ltd. v. Addl. CIT [2009] 178 Taxman 397 where on finding differences between two Division Benches of this court the matter ....