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2014 (8) TMI 235 - AT - Income TaxCancellation of order u/s 250(6) and u/s 154 – Held that:- CIT (A) had observed that the appeal arises from the order of the D.C.I.T., Panchkula u/s 154 of the Act, meaning thereby that the appeal was filed before the CIT (A) against the order passed u/s 154 of the Act which was dated 31.3.2010 - While deciding the appeal the CIT (A) had referred to the order passed u/s 250(6) of the Act dated 28.3.2006, against which the assessee is not in appeal - the CIT (A) has erred in canceling the order dated 28.3.2006 while deciding the appeal against the order passed u/s 154 of the Act dated 31.3.2010 - the order of the CIT (A) in canceling the order passed under section 250(6) of the Act dated 28.3.2006 is to be set aside – Decided in favour of Revenue. Non -charging of interest u/s 234D – Held that:- The interest is chargeable w.e.f. AY 2004 -05 as the provisions had been inserted w.e.f. 1.6.2003 and the provisions are not applicable retrospectively - the claim of the assessee with regard charging of interest u/s 234D of the Act is upheld – Decided in favour of Assessee. Reopening of assessment u/s 147 – Held that:- CIT(A) without appreciating the provisions of proviso to section 147 held that notice u/s 148 issued by the AO was barred by time - there was failure on the part of the assessee to disclose fully and truly all material facts which were necessary for his assessment, for that assessment year - The AO had validly initiated re-assessment proceedings by recording reasons and thereafter issuing notice u/s 147/148 of the Act which had been recorded within the prescribed period u/s 149(1)(b) of the Act and there being no case of change in opinion, the orders of the authorities below is upheld – Decided against Assessee. Actual payment of Pension out of pension fund – Held that:- As decided in assessee’s own case for the earlier assessment year, it has been held that the assessee is entitled to the claim of expenditure incurred on payments being made to the pensioners as revenue expenditure - the total contribution to the pension fund was ₹ 34,09,048/-out of ₹ 56,33,188/- were actually disbursed to the pensioners -the allowance of expenditure is restricted in the hands of the assessee to ₹ 34,09,048 – Decided partly in favour of Assessee.
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