1989 (4) TMI 54 - HC - Income Tax

Summary

Issues:
1. Whether the Appellate Tribunal was correct in restoring the appeal on the issue of additional claim for weighted deduction under section 35BRs.
2. Whether the Appellate Tribunal was correct in maintaining that the assessee could revise the return of income before the assessment was madeRs.

Analysis:

Issue 1: The primary contention raised by the Revenue was that the Income-tax Officer had jurisdiction only over matters covered by objections against the draft assessment order and directions from the Inspecting Assistant Commissioner. The Revenue argued that since no direction was given regarding weighted deduction under section 35B, it could not be considered at any appellate stage. However, the court disagreed with this argument, stating that the provisions of section 144B of the Income-tax Act only apply when additions of Rs. one lakh or more are proposed. The court clarified that claims for deductions under various sections are not within the scope of section 144B and can be raised during proceedings. The court also cited a previous judgment to support the view that the benefit of weighted deduction under section 35B can be claimed at the appellate stage, regardless of whether the assessment is under section 143 or 144B. Consequently, the Tribunal was deemed correct in allowing the point to be raised at the appellate stage, leading to a remand for fresh decision by the Commissioner of Income-tax (Appeals).

Issue 2: The court deemed the second question regarding the revision of the return of income before assessment as academic in light of the decision on the first issue. Since the first issue was resolved in favor of the assessee, the court found it unnecessary to address the second question. As a result, the second question was left unanswered. The court disposed of the reference without any order as to costs, concluding the judgment.