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2009 (1) TMI 277 - KERALA HIGH COURTWhether the Tribunal was justified in confirming the levy of additional tax under section 143(1A) on the difference in loss computed by the Assessing Officer in the intimation issued under section 143(1)(a) - all what is stated in section 143(1A) is that if the result of adjustment under section 143(1)(a) of the Act is increase in income or reduction in loss additional tax is automatically leviable on the differential income or reduced loss, as the case may be. - The provision contained in section 32 of the Act does not control section 143(1A) of the Act which provides for levy of additional tax based on the net result of the computation of income or loss for the relevant year by the Assessing Officer in exercise of the powers conferred under section 143(1)(a) of the Act. In other words, if the adjustment made by the Assessing Officer results in reduction of loss on account of disallowance of part or full depreciation claimed by the assessee, the same will justify levy of additional tax under section 143 of the Act. - we answer the question referred against the assessee and in favour of the Department and dismiss the assessee’s appeal
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