9911796707
TMI Blog2002 (5) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the Income-tax Appellate Tribunal relating to the assessment year 1990-91 on the issue of disallowance of Rs. 15,84,216 made under section 43B of the Act while processing the return under section 143(1)(a) of the Act. Mr. Sanjiv Khanna, learned senior counsel for the appellant, submitted that the Income-tax Appellate Tribunal without giving any reason decided the appeal in favour of the assessee. It is also submitted by Mr. Khanna that the Income-tax Appellate Tribunal has erroneously placed reliance on the decision of the Gauhati High Court reported in India Carbon Ltd. v. IAC of I.T. [1993] 200 ITR 759. The case has no direct relevance on the facts of this case. The assessee filed its return of income on December 31, 1990, de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. Consequently, the adjustment ought to have been deleted from the intimation under section 143(1)(a) of the Act. The Commissioner of Income-tax aggrieved by the order of the Income-tax Appellate Tribunal has filed this appeal under section 260A of the Income-tax Act. It may be pertinent to mention that a similar issue came up for consideration before a Division Bench of the High Court of Delhi consisting of Mr. Justice B. N. Kirpal and Mr. Justice Arun Kumar in S. R. F. Charitable Trust v. Union of India [1992] 193 ITR 95. In somewhat similar circumstances this court observed the adjustments were made for the reason that, in support of the claim, the petitioner-assessee had not furnished the proof. The stage of furnishing of the proof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... companying it shall be rectified; (ii) any loss carried forward, deduction, allowance or relief, which, on the basis of the information available in such return, accounts or documents, is prima facie admissible but which is not claimed in the return, shall be allowed . (iii) any loss carried forward, deduction, allowance or relief claimed in the return, which, on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed." We also deem it appropriate to set out the relevant part of Circular No. 549, issued by the Central Board of Direct Taxes wherein examples have been given of adjustments which can be carried out: "The prima facie adjustments mentioned at (ii) above can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than eight assessment years set off against the current business income, if the information is available in the return or the accompanying documents. (ix) Deduction under section 80C in respect of provident fund contributions or life insurance premia or N. S. C. VI or VII Issue not claimed, though the information is available in the documents accompanying the return, or claimed at a figure which is less than or is in excess of the permissible amount. (x) Deduction under section 80L not claimed or claimed at a figure which is less than or is in excess of the permissible amount. (xi) Deduction under section 80G not claimed, although allowable on the basis of the information available in the return or the accompanying documents or claimed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been given to the assessee even at the time of disposing of the application under section 154. We are in respectful agreement with the judgment of S. R. F. Charitable Trust's case [1992] 193 ITR 95 (Delhi), in which their Lordships have held that the stage of furnishing of proof is reached as and when the proof is demanded by the Income-tax Officer on a notice under section 143(2) being issued. If no proof in support of the claim was available with the Income-tax Officer, he could have issued a notice under section 143(2), but he could not have unilaterally made this disallowance by seeking to invoke the provisions of the first proviso to section 143(1). We have carefully perused the impugned judgment of the Tribunal. In our considere ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
