9911796707
TMI Blog2004 (10) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention upon deep and close scrutiny X X X X Extracts X X X X X X X X Extracts X X X X ..... ich are not before the authorities below, we find it proper to set aside this issue regarding disallowing the claim of depreciation to the extent of Rs. 23,71,72,400 out of Rs. 35,10,00,000 to the file of the Assessing Officer with the direction to readjudicate the matter afresh after examining and verifying the reliability and veracity of the aforesaid material papers and documents filed by the assessee before us. The Assessing Officer shall adjudicate the issue whether the assessee has claimed depreciation with reference to enhanced costs with a view to reduce liability to income-tax by taking into consideration the papers and materials placed by the assessee before us and by keeping in view the judicial proceedings cited by the parties before us as referred to above. The assessee shall be at liberty to produce or furnish such other material or papers as it may think fit and proper in support of its claim of depreciation on electric meters. The Assessing Officer shall provide adequate opportunity of being heard to the assessee in this respect." As far as the issue of foreign travel undertaken by Mrs. J. Thapar is concerned the Tribunal gave the following direction: "We, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-95, is a complete one and by this impugned notice the Assessing Officer has sought to do piecemeal assessment. According to him this is not permissible under the law as has been settled by a judicial pronouncement rendered in the cases by the Allahabad High Court, Andhra Pradesh High Court and the Kerala High Court reported in Debi Prasad Malviya v. CIT [1952] 22 ITR 539 (All); M. M.A.K. Mohideen Thumby and Co. v. CIT [1955] 28 ITR 252 (AP) and M.O. Thomakutty . CIT [1963] 47 ITR 872 (Ker). He has drawn my attention to section 143, sub-sections (2) and (3) of the Income-tax Act, 1961, that provides for assessment and computation of income. His further contention is that admittedly it is not a case of reassessment under section 147 of the said Act but as a matter of fact this is exactly sought to be done. In support of this case he has relied on a decision of the Supreme Court reported in CIT v. Chittoor Electric Supply Corporation [1995] 212 ITR 404. He has also drawn my attention to the Division Bench judgment of this court reported in Kooka Sidhwa and Co. v. CIT [1964] 54 ITR 54 on the proposition that even in the case of reassessment the Assessing Officer has to proceed under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order is a final one, as the question of depreciation has been taken care of and after considering every thing a refund order has been passed, so it reaches its finality. I have examined the order carefully and I hold Mr. Ghosh is right in saying the order does not relate to any decision on the issue of depreciation or the expenditure on account of the foreign tour of Mrs. J. Thapar. I have already quoted the direction of the Tribunal upon the Assessing Officer. It is clear that the Assessing Officer is to decide upon fresh hearing on these two issues. Therefore, the contention of Mr. Murarka that this order being a final one and on fresh decision of the aforesaid two issues is not correct. From the order dated February 12, 2002, it does not appear the Assessing Officer has heard the assessee/petitioner or touched the issue not to speak of deciding the same. So, I hold that irrespective of the effect and implication of the order dated February 15, 2002, the Assessing Officer has to decide afresh, pursuant to the direction of the Tribunal and this cannot be left outstanding in any manner whatsoever. According to him if it is not done the same tantamounts to gross breach of discipli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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