Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Dec-20-2006
Reported in : (2008)300ITR286(Mum.)
..... respectfully agree with the view taken by the allahabad high court and jammu and kashmir high court, as it is in conformity with the provisions of section 143(3) and section 159 of the act.18. hon'ble delhi high court in the case of intar craft india v. cit (supra), also took the same view and held as under ..... is the issuing of the notice. therefore, non-following of the prescribed procedure, would only result in a procedural mistake. this is what has been amplified by section 292b of the act. there is subtle difference between irregularity and illegality. an irregular action can be cured, but an illegal action would not contain any cure in any statute. the ..... to the assessing officer with a direction to consider the matter afresh, particularly the objection given by the assessee for reopening and to issue notice under section 143 (2) of the act and after providing opportunity to the assessee of being heard.24. at this stage, it may be mentioned that if the legislature can confer the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Dec-29-2006
..... ,24,544; and(&) disallowance of deduction of rs. 34,771 under section 35d of the act, for amortization of preliminary expenses.3. as regards the main quantum addition, the assessing officer disallowed depreciation on aircraft on the ground that the lease agreement under ..... be acceptable in the course of assessment of income but that certainly by itself does not make claim liable to be visited with penalty under section 271(1)(c) of the act. the second limb of the related quantum addition is somewhat consequential in nature because once the claim of aircraft being part of assets is to ..... justified in upholding penalty of rs. 13,56,000 on the assessee. the relevant assessment year is 1993-94 and the impugned penalty was imposed under section 271(1)(c) of the income tax act, 1961.2. the quantum additions, on the basis of which impugned penalty is imposed, consist of (a) disallowance of depreciation of rs. 23 .....
Tag this Judgment!