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TMI Blog1983 (3) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in the nature of extra shift allowance on electrical machinery had been wrongly allowed. He, therefore, initiated proceedings u/s 147(b) of the IT Act and issued notices accordingly. After considering the assessee's contention, he disallowed extra shift allowances claimed at Rs. 2,02,853 and Rs. 4,41,090 respectively for the detailed reasons given in his orders. On appeals by the assessee, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the inscription of the letters 'NESA' meaning no extra shift allowance, against it in sub-item (ii) and also in respect of the items of machinery and plant to which the general rate of depreciation of 10% applied. The orders, however, show that no fresh facts came to the notice of the ITO between the time of the original assessment and the reopening thereof so that for all practical purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the head 'income from property and not as 'business income'. The ITO treated the audit report as an information and initiated proceedings u/s 147(b) of the IT Act. On appeal the AAC quashed the proceedings. On a second appeal, the Tribunal followed the decision of the Delhi High Court in CIT vs. H.H. Smt. Chand Kanwarji (1972) 84 ITR 584 (Del) and held that an audit report could be regarded as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atute warranted. It was held that an error discovered upon a reconsideration of the same matter did not give such a power to the ITO. 3. It is correct that this decision takes a somewhat different view of law than what was taken by their Lordships in R.K. Malhotra, ITO vs. Kasturbhai Lalbhai 1977 CTR (SC) 336 : (1977) 109 ITR 537 (SC) but since this is a later decision and the earlier decisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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