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TMI Blog2016 (6) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... rsus Commissioner of Income-tax, Ghaziabad [2009 (2) TMI 5 - SUPREME COURT] X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of Mcorp Global (P) Ltd. v. Commissioner of Income-tax, Ghaziabad reported in [2009] 178 taxman 347 (SC) and Paragraph 6 of the said judgment reads as under :- "6. In the case of Hukumchand Mills Ltd. v. CIT reported in (1967) 63 ITR 232 this Court has held that under Section 33(4) of the Incometax Act, 1922 (equivalent to Section 254(1) of the 1961 Act), the Tribunal was not authorized to take back the benefit granted to the assessee by the AO. The Tribunal has no power to enhance the assessment. Applying the ratio of the said judgment to the present case, we are of the view that, in this case, the AO had granted depreciation in respect of 42,000 bottles out of the total number of bottles (5,46,000), by reason of the impugned judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers may appeal to the Appellate Tribunal against such order - (a) an order passed by a [Deputy Commissioner (Appeals)] [before the 1st day of October, 1998] [or, as the case may be, a Commissioner (Appeals) under [***] [section 154], [***] section 250, [section 271, section 271A or section 272A]; or (b) an order passed by an Assessing Officer under clause (c) of section 158BC, in respect of search initiated under section 132 or books of account, other document or any assets requisitioned under section 132A, after the 30th day of June, 1995, but before the 1st day of January, 1997; or (ba) an order passed by an Assessing Officer under sub-section (1) of section 115VZC; or (c) an order passed by a [Principal Commissioner or] Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all, (a) in a case where such valuation has been made by a Valuation Officer under section 16A, also give such Valuation Officer an opportunity of being heard; (b) in any other case, on a request being made in this behalf by the 439 [Assessing Officer], give an opportunity of being heard also to any Valuation Officer nominated for the purpose by the Assessing Officer; Provided further that no order enhancing an assessment or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement." 4. Learned Counsel for the respondent Mrs. Mauna M. Bhatt has supported the order of the Tribunal and contended that in view of the observations, the Tribunal has all the pow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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