TMI Blog1998 (4) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... essment dated 25-3-1997. The petitioner went in appeal to the Commissioner (Appeals). The appeal was allowed in part by order dated 23-2-1998. One of the reliefs allowed to the petitioner was that the expenses incurred on shuttering materials would be treated as capital expenditure with the result that the petitioner became entitled to claim for depreciation as per law on the amount of capital exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake attachment by serving an order under section 226(3) of the Income-tax Act, 1961 on GAIL and also on the Bank of India, as stated at the time of hearing. 3. We cannot sustain the approach of the assessing authority refusing to give effect to the appellate order which the Assessing Officer was bound to do under section 250 of the Act merely because the rectification application was pend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation afresh by the Assessing Officer pay the amount of tax found due and payable by him. 3. This, however, shall not prejudice the petitioner s appeal against the order of the Commissioner (Appeals) and in the event of any interim order being passed by the Tribunal, the benefit thereof shall remain available to the petitioner. 4. So also if in the meantime the petition under s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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