9911796707
TMI Blog1985 (11) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... by Departmental Representative. (3) Your office issued a Combined Notice for GTA 60 64/Ahd/84 dt. 15th March, 1985, fixing the hearing on 28th March, 1985 and no separate notice was given to the above referred assessee. (4) The notice was not a "Speaking Notice" giving proper and adequate notice of enhancement in clear terms. Actually, the Notice was given in such a way that enough and proper attention of the assessee was not drawn giving him the implication of what the Notice under s. 23(5) meant. (5) A proper and separate show cause notice of enhancement giving proper information and what was sought to be relied and considered by the Hon'ble Tribunal was not given. (6) The Hon'ble Tribunal has gone beyond evidence and proof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no mistake in the order requiring rectification. The basis that there is enhancement in the value of the gift as per order passed by the Tribunal itself its non-existent because the Tribunal has not made any enhancement. It has only directed that GTO to value the shares, the value may be either lower of higher than it was before the Tribunal. For ready reference the relevant para 6.2 is reproduced below: "We therefore, set aside the order of the AAC of Gift-tax and direct the GTO to make an assessment on the basis of maintainable profit since the dividends to no reflect the profit earning capacity of the company on the basis of decision in the case of Kusumgen D. Mahadevia and adopt the value, lower or higher, as the case may be, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts from certain book on the subject of notice goes against the stand of the assessee's counsel because it specifically mentions that notice means knowledge which could have been obtained if reasonable enquiries had been made. In fact, seeing the copy of the notice issued to the assessee's counsel by specific mention of s. 23(5) of the Act, issued after the hearing was over was only with an intention to impart knowledge to the assessee regarding enhancement though in fact as per the order there is no enhancement by the Tribunal since the matter involves process of valuation. The notice was given to remove the step of opportunity to be given in case value turns out to be higher. 4.2 On the technical objection regarding notice not having ..... X X X X Extracts X X X X X X X X Extracts X X X X
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