Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1998 (4) TMI 124

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed under section 256(2) of the Income-tax Act, 1961. The facts in brief are as follows : For the assessment year 1989-90, the Assessing Officer processed the return under section 143(1)(a) and sent an intimation after making an adjustment of Rs. 1,44,386 towards disallowance of guest house expenses and depreciation. Thereafter, the Assessing Officer noticed that the respondent-assessee had cla .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... by the respondent-assessee cancelled the order under section 154 passed by the Assessing Officer holding that this was not a fit case for invoking the provisions of section 154 as the issue involved was highly debatable. The Revenue sought a reference of the two questions : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in ca .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d to have been paid. In view of the above, the Tribunal is right in its finding that it is not a case where the Assessing Officer should have invoked the power under section 154 of the Income-tax Act. It is true that the funding of the balance amount of interest was not available before the Income-tax Officer, and it was produced only before the Tribunal. The fact that it was produced before the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates