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2009 (9) TMI 632 - ALLAHABAD HIGH COURTDisallowance - Income escaping assessment - Assessing Officer completed the assessment vide order dated March 23, 2004 denying the deduction claimed by the assessee under section 36(1)(viii) of the Act - Admittedly, notice under section 148 of the Act was issued after the expiry of four years - The finding of the Tribunal has not been disputed by raising any question and during the course of the argument by the learned counsel for the appellant - While in the present case, complete details were furnished along with the return and during the course of the assessment proceedings and after an application of mind, the deduction under section 36(1)(viii) of the Act was allowed - the notice was issued after four years, therefore, the proceeding was barred by time and the Tribunal has rightly held so - Appeal is dismissed
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