TMI Blog1972 (9) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... appealed against the assessment order but no such claim was made before the appellate authority either. Later on, in August, 1969, the petitioner filed an application under section 154 of the Act praying for a relief under section 84. That application was rejected by the ; Income-tax Officer, "A" Ward, Aligarh. Thereafter, the petitioner moved the Commissioner of Income-tax by way of a revision petition. The Commissioner of Income-tax by an order dated 6th March, 1972, has rejected the revision petition. The petitioner has now challenged the order of the Commissioner as well as of the Income-tax Officer. Section 84 provides relief to an assessee in respect of income earned from a new industrial undertaking. The claim for a rebate under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e before him. In the absence of any such claim there will be no occasion for him to go into such a question and to record a finding and, in the absence of a finding that the industrial undertaking is new, which fulfils all the requirements as enumerated in sub-section (2) of section 84 the question of allowing rebate simply does not arise. There is nothing on record to show that the undertaking of the petitioner is new to which the provisions of section 84 are attracted. The mistake, if any, was committed by the petitioner in not preferring the claim and not by the Income-tax Officer. It is said that a claim under section 84 had been made by the petitioner in proceedings under the Super Profits Tax Act, 1963, in respect of the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a finding by the Income-tax Officer. It is not possible to undertake such an enquiry under section 154 which operates only on the facts which are already on the record. No new facts can be introduced under that provision. The learned counsel has strongly relied upon a decision of this court in Swadeshi Cotton Mills Co. Ltd. v. Income-tax Officer, Special Investigation Circle, C-Ward, Kanpur. In that case, the Income-tax Officer, after making assessment for the year 1956-57, discovered that the rebate of corporation tax had not been reduced by proper amount inasmuch as he had failed to exclude the capital invested in ordinary preferred shares which carried a fixed dividend of 4 per cent. besides the capital invested in preference shares ..... X X X X Extracts X X X X X X X X Extracts X X X X
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