2010 (9) TMI 63

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....wing question of law is referred for opinion of this Court:- "Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the question whether air-condition or refrigerator was a domestic electrical appliance or not was a controversial question and on this ground the investment allowance granted in the assessment order could not be withdrawn u/s 154 ....

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....ion that ITAT rightly held that the issue was debatable. It rightly observed that it was not concerned with the merits of the matter but the question was as to whether such an action could be taken by the Assessing Officer in 154 proceedings. Since the dispute, whether the Air-conditioners and refrigerators were articles falling in the list of Schedule-XI, namely, whether they were domestic or ele....

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....rd must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. As seen earlier, the High Court of Bombay opined that the original assessments were in accordance with law though in our opinion the High Court was not justified in going into that question. In Satyanarayan Laxminarayan H....