9911796707
TMI Blog2001 (2) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by the Central Board of Direct Taxes. The petitioner has further prayed to delete additions made by the Assessing Officer in his assessment order for the assessment year 1998-99 after holding that the said additions were in contravention of the binding decision of the first appellate authority in the petitioner's own case and against acceptance of the petitioner's claim in earlier years as well as in two immediate preceding years. The petitioner had filed its return of income on October 27, 1998, declaring total loss of Rs.8,85,255. The return was accompanied by the audited profit and loss account, balance-sheet and other supporting statements of accounts. The return was processed under section 143(1)(a) of the Income-tax Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order under section 143(3) of the Act, are contrary to the binding decisions of the first appellate authority rendered in the petitioner's own case and also against the acceptance of the petitioner's claim in earlier years as well as in the two immediate preceding years and, therefore, the said order is liable to be set aside. Under the circumstances, the petitioner has filed the present petition and claimed the reliefs to which reference is made earlier. We have heard learned, counsel for the petitioner and considered the documents forming part of the petition. From the record of the case, it is manifest that though notice under section 143(2) of the Act was issued on September 29, 1999, informing the petitioner that his case was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the appellate authority. Moreover, the averments made in the petition indicate that for the assessment years 1983-84, 1991-92 and 1992-93, the department's appeal is pending before the Income-tax Appellate Tribunal in which the dispute regarding deletion of the additions made by the Assessing Officer by way of service charges paid to New Chirag Tractors and commission paid to Tractor Sales Corporation, is at large and the same will have to be decided by the Tribunal after affording an opportunity of being heard to the parties. It is always open to the petitioner to request the Tribunal to take up the appeals filed by the Department for hearing immediately and give priority. Having regard to the facts of the case, we are of the opinion t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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