2005 (9) TMI 52

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..... t of the decision of the apex court in the case of CIT v. Gujarat Electricity Board, it was not open to the Assessing Officer to issue intimation under section 143(1)(a) of the Income-tax Act after issuance of the notice for regular assessment under section 143(2) - issue raised in the petition is squarely concluded by the aforesaid judgment of the apex court. Accordingly, the petition succeeds - .....

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..... Assessing Officer on April 16, 1990, accepting the return. The said intimation was rectified by the Assessing Officer under section 154 of the Income-tax Act by disallowing the expenditure on technical know-how on the ground that the same is capitalised. Thereupon, the assessee on March 26, 1991, filed a revised return seeking deduction under sections 32, 32A and 35AB of the Income-tax Act, 196 .....

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..... ed in the present petition. Mr. Pardiwala, learned counsel appearing for the petitioners submitted that in the light of the decision of the apex court in the case of CIT v. Gujarat Electricity Board [2003] 260 ITR 84, it was not open to the Assessing Officer to issue intimation under section 143(1)(a) of the Income-tax Act after issuance of the notice for regular assessment under section 143(2) .....

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