TaxTMI 
TaxTMI 
2002 (3) TMI 227
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....nbsp; : Rs. 4,601 (c) Car Exp. (1/5th sustained) : Rs. 5,259 (d) Car Depreciation (1/6th sustained) : Rs. 23,126 3. The Assessing Officer had made the following disallowances 3. The Assessing Officer had made the following disallowances: Disallowed Claimed (a) Travelling Exp. Rs. 4,500 Rs. 26,024 (b) Donation Rs. 4,601 Rs. 4,601 (c) Car Ex....
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.... Building Rs. 6,000 8. The Assessing Officer had made the following disallowances: Disallowed Claimed (a) Travelling exp. Rs. 3,000 Rs. 18,752 (b) Building exp. Rs.10,000 Rs. 69,208 The Assessing Officer made the above disallowances for personal and non business element involved. The CIT(A) had allowed the following reduction :- Travelling Rs. 1,000 Building Rs. 4,000 9. The Ld. A.R. submitted that the disallowances made are bad in law. The Ld. D.R. relied upon the orders of the authorities below. 10. We have considered the rival submissions. We find that the disallowances sustained by CIT(A) are reasonable. Therefore, we decline to interfere with the order of the ....
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....lyankumar Ray that ITNS 150 is also a form for determination of tax payable and when it is signed or initialled by the Income-tax Officer, it is certainly an order in writing by the Income-tax Officer determining the tax payable within the meaning of section 143(3) of the Act. In this case the Hon'ble Supreme Court held that charging of interest was as per provisions of law. 16. We have considered the rival submissions. We find that in this case in the assessment order the Assessing Officer had issued direction that interest be charged as per rules. Simultaneously the same Assessing Officer had signed the ITNS 150 (Tax Calculation Sheet) mentioning the sections and amount of tax chargeable. The Ld. A.R. has relied upon the case of Ranchi Club Ltd. We find that this judgment has been discussed by the Hon'ble Punjab & Haryana High Court in the case of Vinod Khurana v. CIT [2002] 253 ITR 578. In this case the Assessing Officer in the assessment order ordered "Charge interest as per law. Issue demand notice and challan" without mentioning the section under which it was to be charged but the demand notice was issued by the Assessing Officer on the same day simultaneously, the quantum....
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....hat both the computations (i.e., of the total income as well as of the sum payable) should be done on the same sheet of paper, the sheet that is superscribed 'assessment order'. It does not prescribe any form for the purpose. Once the assessment of the total income is complete with indications of the deductions, rebates, reliefs, and adjustments available to the assessee, the calculation of the net tax payable is a process which is mostly arithmetical but generally time consuming. If, therefore, the Income-tax Officer first draws up an order assessing the total income and, indicating the adjustments to be made, directs the office to compute the tax payable on that basis and then approves of it, either immediately or some time later, no fault can be found with the process, though it is only when both the computation sheets are signed or initialled by the Income-tax Officer that the process described in section 143(3) will be complete." From the above observation it is clear that the Assessing Officer has to pass the assessment order. He has to determine the total income on which tax is leviable. The job of making calculations can even be performed by the office. However, it is on....