9911796707
TMI Blog1990 (10) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... e directed to allow the claim contained in the letter dated 28-4-1984. 3. We have heard both the sides at length and we have gone through the orders of the authorities below and also the orders passed in the original proceeding. The assessee has also placed some paper-book for our consideration. After hearing both the sides, it is seen that the WTO passed order on 19-3-1986 under section 16(5) read with section 23, i.e., to give effect to the order of the earlier AAC who has set aside the assessment order passed originally. In the fresh order, the WTO mentioned that the original assessment order was set aside in appeal with certain directions. He fixed the case for hearing under section 16(2) but there was no compliance. He, therefore, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the issue raised before him was neither considered by the WTO in the original assessment nor in the order of the appellate order of the AAC mentioned earlier. The AAC pointed out that he requested the WTO vide letter dated 28-4-1985 to take into account the Tribunal's order dated 21-2-84 passed in Appeal No. 21 (Gau.) of 1982-83 for assessment year 1978-1979, in which favourable directions to the assessee were given and the principle of which might be valid for the assessment year under appeal. The present AAC in the impugned order observed that in view of the merger of the original assessment order with the order of the AAC passed earlier, i.e., dated 25-2-1982, it was not open for the WTO to take cognizance of any other facts other than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... state included in the assessment too shall stand excluded from the wealth. The WTO is directed to recompute the appellant's wealth in accordance with the position just set out. " 6. The AAC, therefore, held that the assessee shall claim no deduction on account of liabilities payable to M/s. A.W. Figgis Co. Ltd. and the assets belonging to the estate included in the assessment too shall stand excluded from the wealth. He, therefore, directed the WTO to recompute the assessment accordingly. There is no material before us to say that the said order of the first AAC was appealed against. In other words, the order of the AAC dated 25-2-1982 had become final and conclusive and is binding on both the sides. The WTO gave effect to that order un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar situation in the case of CIT v. Swaraj Motors (P.) Ltd. [1987] 167 ITR 83 (Ker.) the facts of the case were that in the assessment made originally, a particular amount was added as income of the assessee on the basis of computation under section 41(2). The AAC concerned directed the ITO to recompute the profit under the said section. The assessee did not challenge the said order of the AAC and the ITO completed the assessment in accordance with the directions of the AAC. The assessee took up the matter in appeal before the AAC against the recomputation made by the ITO which was rejected by the AAC. It was observed in the case of Swaraj Motors (P.) Ltd. that the order of the AAC was res judicata in respect of the profit under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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