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2004 (8) TMI 30 - HC - Income TaxAssessment - Section 143(2) vis-a-vis 143(1)(a) - Based on the quantum of exports made during the previous year ending on March 31, 1997, the assessee, in its accounts for the said previous year, passed a book entry debiting export benefit receivable account and crediting miscellaneous income account for the amount of customs duty benefits of Rs. 228.34 lakhs which would have accrued to the assessee on the import of the materials - Assessing Officer in the intimation u/s 143(1)(a) of the Act did not allow the assessee's claim for deduction of the said sum of Rs. 228.34 lakhs. – Revenue have proceeded on the basis that the said account depicts the accrual of income and therefore, differing with the contentions of the appellant, assessment was made u/s 143(1)(a) treating the same as an accrued income. - considering the scope of section 143(1)(a), we are of the opinion that when the Assessing Officer proposes to differ with the disclosure made in the return, an opportunity of hearing to the assessee is required and therefore, such matter can be gone into u/s 143(3) serving notice u/s 143(2) and not u/s 143(1)(a) – appeal against AO’s order is allowed
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