1982 (6) TMI 118

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....ing sets and cutting sets to Oil India Ltd. Besides he also derives income from hiring truck and jeeps to the said company. During the year under consideration, the assessee declared income at Rs. 55,000 subject to depreciation, and in the course of assessment proceedings indicated that the said income was derived by him on receipt of Rs. 2,60,199-99 being the hire charges on account of supply of ....

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.... him was adequate and that it related to net profit rate of 13% on receipt of Rs. 4,23,000. 3. The ld. AAC, however, rejected the assessee's contention. He pointed out that the assessee had himself shown an income of Rs. 55,000 on receipt of Rs. 2,60,200 on account of hire charges on the supply of welding sets and cutting sets, and that it did not include any income from hiring of trucks and je....

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....was set side even though the fresh assessment might result in enhancement. 5. We have carefully examined the facts of the case and rival submissions. The order of set aside passed by the ld. AAC in the present case is not without fetters. He has clearly given the directions to make the assessment by treating the income of Rs. 55,000 returned by the assessee as solely relatable to the total rece....

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....icated by him, but before he does so, he is duty bound to give a notice of enhancement to the assessee in terms of sub-s (2) of s 251 of the IT Act, 1961. In so far as he did not do so, his order got vitiated in the process, and as such, we have no option in the matter but to set aside the order of the ld. AAC and restore the matter back to him with the direction that he would give to the assessee....