1984 (8) TMI 119

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....ax appropriate to an industrial company to the assessee. The grounds taken assessee as under: "On the facts and in the circumstances of the case, the ld. CIT(A) IX,New Delhi, erred in holding that the assessee company was an industrial company." "On the facts and in the circumstances of the case, the ld. CIT(A) IX, New Delhi, was not correct in holding that as the assessee company was a part....

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....termine the income afresh. The ITO gave effect to this order on18th Sept., 1981. The assessee moved a petition under s. 154 on5th Oct., 1981pointing out that in the order giving effect to the CIT (A) order, there were certain errors which were apparent from record and they should be rectified. Apart from certain other errors mentioned, the assessee had mentioned that the appropriate rate of tax ap....

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....ssociated and some other miscellaneous income. Against this order the assessee filed appeal before the CIT(A) and it was contended before him that having regard to the decisions of the various High Court as also certain orders of the Tribunal the assessee should be treated as an industrial company. The CIT(A) found that the assessee was a partner in a firm which was engaged in the activity as a bu....

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....ot consideration the basis issue that whether the plea of the assessee should have been considered in an application under s. 154. If the assessee had a grievance that its claim for being treated as an industrial company was very much there before the ITO and had not been accepted, it should certainly file an appeal before the appellate authorities and it should be decided in accordance with law. ....