2017 (3) TMI 437

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....hattad, Advocate for the Appellant Shri Mohota Advocate for the Respondent JUDGMENT ( Per : Smt. Vasanti A. Naik, J.) The assessee M/s. Ganapati Chemicals is the appellant in all the income tax appeals and the appeals are heard together as the issue involved in the appeals is similar and similar orders of the Income Tax Appellate Tribunal are challenged therein. The appellant assess....

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....e mistake. The assessee filed appeals before the Commissioner of Income Tax (Appeals) and the appellate authority allowed the appeals filed by the appellant and set aside the orders of the Assessing Officer under Section 154 of the Act. The Revenue carried the matter to the Income Tax Appellate Tribunal, Nagpur. The Income Tax Appellate Tribunal allowed the appeals of the Revenue and held that in ....

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....ion of mistake only when the error is apparent from the record. It is submitted that there were two contrary decisions of this Court and hence the Full Bench has set the said issue at rest in the year 2009 in the case of Plastiblends India Ltd., Mumbai vs. Additional Commissioner of Income Tax, reported in 2010 (1) Mh. L.J. 527. Shri Mohota, the learned counsel for the Revenue supported the ord....

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....arties that there is no scope for interference with the orders of the Tribunal in these appeals. Though we have framed the question "whether a issue which is debatable could be corrected under Section 154 of the Act", the same would not arise for consideration in the circumstances of the case. The issue was not debatable, as the same was decided by the Hon'ble Supreme Court in the year 2000. I....