TMI Blog1990 (6) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... x Officer was right in law in granting relief to the assessee under section 80J of the Income-tax Act, 1961, in the rectification proceedings taken under section 154 of the Act ?" It came to the notice of the Commissioner of Income-tax that during the assessment proceedings pertaining to the assessment years 1969-70, 1970-71, 1971-72 and 1972-73, the assessee-firm did not file any claim for deduction under section 80J of the Act and no such claim was allowed in the orders of assessment. Subsequently, the assessee filed applications under section 154 of the Act on December 9, 1974, July 25, 1975, and July 26, 1975, before the Income-tax Officer, for rectification of A mistake alleged to have occurred in the assessment orders by not allowin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and the balance-sheets. They do not give any indication as to the nature of the assessee's claim and how he was entitled to the relief under section 80J. In these circumstances, we are not inclined to hold that when the assessee filed an application under section 154, there was any mistake apparent from the record." Being aggrieved, the assessee filed applications under section 256(1) of the Act for making a reference, but they were rejected by the Tribunal. The assessee then approached this court with its applications under section 256(2) of the Act, which were allowed on July 13, 1982, and, accordingly, the Tribunal stated the case and referred the aforesaid question of law to this court for its opinion. Having heard learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of any industrial undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in section 33B, in the circumstances and within the period specified in that section : Provided further that, where any building or any part thereof previously used for any purpose is transferred to the business of the industrial undertaking, the value of the building or part so transferred shall not be taken into account in computing the capital employed in the industrial undertaking." As pointed out by the Tribunal, in its returns of income, the assessee made a claim for deduction under section 80J of the Act, but did not furnish details a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to furnish the requisite details for satisfying the conditions laid down in section 80J(4) of the Act cannot be said to be an error justifying rectification under section 154. Assuming that such failure on the part of the Income-tax Officer amounted to an error on the face of the records of the assessment orders, the rectification orders do not disclose that the alleged defect was cured by calling upon the assessee to disclose the requisite details for purposes of section 80J(4) of the Act in rectification proceedings under section 154 of the Act. On the contrary, the rectification orders showed that the Income-tax Officer proceeded to make the rectification orders on the assumption that all the conditions laid down under section 80J(4) w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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