TMI Blog2000 (3) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... atement of case and refer the following questions of law said to be arising out of the order passed by the Tribunal in Income-tax Reference Application No. 894 (JP) of 1996 relating to the assessment year 1993-94. Inasmuch as, in our opinion, the aforesaid questions have become of academic importance and the Tribunal was justified in refusing to grant application for making such reference under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icial to the interests of the Revenue acted under section 263 of the Act and revised the assessment by excluding the deductions made on account of interest, depreciation and remuneration to partners. Against the order of the Commissioner under section 263, the assessee preferred an appeal before the Income-tax Appellate Tribunal. The said appeal of the assessee was allowed by the Tribunal by holdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court on September 24, 1999 (CIT v. Jain Construction Co. [2000] 245 ITR 527 (Raj)). While these proceedings concluded, in respect of the very same assessment year and the very same assessment order in appeal which was pending before the Deputy Commissioner (Appeals) a notice for enhancement of assessment was issued to the assessee to the same effect for which the Commissioner had exercised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment period by the Tribunal and ultimate rejection of the application by this court, it cannot be reopened in these proceedings. Even otherwise the question only appears to be adoption of one or the other method of computing net taxable profit on estimate. While the Income-tax Officer and the Tribunal have adopted the higher rate of profit by excluding the consideration of depreciation to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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