:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.842 OF 2008 TAX APPEAL NO.842 OF 2008 TAX APPEAL NO.842 OF 2008 Director of Income Tax (International ..Appellant Taxation) Vs. M/s.Hapag Lloyd Container Linie ..Respondent Mr.Parag Vyas a/w.Mr.P.S.Sahadevan for the Appellant. Mr.N.Murlidharan i/b. Crawford Bayley & Co. for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, S.J.KATHAWALLA, S.J.KATHAWALLA, JJ. JJ. JJ. DATE DATE DATE : 2ND SEPTEMBER, 2008 : 2ND SEPTEMBER, 2008 : 2ND SEPTEMBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. In the above Appeal, the Appellant is seeking to raise the following substantial question of law: a. Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in deleting the addition of Rs.3,57,30,790/- on the ground that debatable issues cannot be made subject matter of order under Section 154 of the Act? 2. We have perused the order passed by the Income Tax Appellate Tribunal, especially the reasons given in paragraph No.19, which reads as under: 19. We have heard the rival submissions and considered the facts and materials on record. As rightly contended by the learned Counsel for the Assessee, the Tribunal in the order cited supra has expressed that this issue is a debatable one, even after amendment to S.44B. Thus, we do not have second opinion as to the debatable nature of the issue. In view of :2: the decision of the Apex Court in T.S.Balaram Vs. Volkrat Brothers (82 ITR 50) SC, debatable issues cannot be subject matter of order under Section 154. In this view of the matter, we are inclined to allow the Appeal of the Assessee, by setting aside the order of the CIT (A) passed under Section 154 of the Act. 3. In view of the aforesaid findings of the Income Tax Appellate Tribunal, we do not find any substantial question of law involved in the above Appeal. The Appeal is totally devoid of merits. Hence, the same stands dismissed. (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)