2002 (10) TMI 42

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....U J. -The questions referred to us at the instance of the Revenue are, "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the recomputation of disallowance under section 40A(5) made by the Assessing Officer in an order under section 154 is not valid as the matter involved is a debatable point ? 2. Whether the Appellate Tribu....

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....ntention that the amounts exempt under section 10(6)(viia) of -the Act were excluded from the operation of section 40A(5) of the Act by virtue of sub-clause (b) thereof, was accepted by the Appellate Commissioner who directed the Assessing Officer to accept the claim made by the assessee. Accordingly, the Assessing Officer made an order on December 29, 1984, excluding the entire salary paid to the....

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....ed order made by the Assessing Officer was in conformity with the order of the Tribunal. The Tribunal while rejecting the argument held that the interpretation given by it earlier had become the subject matter of the reference to the High Court. That issue continued to remain debatable and therefore such a debatable issue could not be regarded as a mistake apparent on the face of the record. Th....