2002 (8) TMI 21

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....rred the following question for our opinion: "Whether, on the facts and circumstances of the case, the Tribunal was right in upholding the order of the learned Deputy Commissioner (Appeals) on the ground that the issue before him was debatable and hence could not be considered as a mistake apparent on the record rectifiable under section 154, despite the fact that when the Tribunal decided the ....

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.... (Appeals) quashed the order of the Assessing Officer under section 154 of the Income-tax Act, 1961, on the ground that whether the assessee is entitled for deduction of any expenditure out of the incentive bonus, is a debatable issue, therefore, the Income-tax Officer, cannot withdraw the expenditure on incentive bonus in an order under section 154 of the Act. The view taken by the Deputy Commiss....

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....y the jurisdictional High Court. The facts are not in dispute that the assessee has claimed the deduction out of the incentive bonus, that has not been disallowed by the Income-tax Officer till intimation sent under section 143(1)(a), subsequently in an order under section 154 that incentive bonus has been withdrawn. Though there was no decision of the High Court on the date of the order of ....