2015 (10) TMI 793

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....ut the facts and circumstances of both the years are similar and therefore the arguments made by them in case of one year would be applicable to the other year also. We therefore proceed to dispose of both the appeals by a consolidated order for the sake of convenience. We thus proceed with the facts for A.Y. 2000-2001. 3. The facts as culled out from the material on record are as under. 4. Assessee is a company which operates centralized secured land fill facility for disposal of solid waste generated by the industries of Bharuch. 5. In this case notice u/s. 148 was issued and served on Assessee on 31.03.2005. In response to the notice, Assessee vide letter dated 25.04.2005 stated that the revised return filed on 06.11.2001, where....

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....essment year 2002-03 is merely a change of opinion without any additional information other than material available on record; 2 Disallowances of expenses incurred on the consumption of Pit construction and land expenses amounting to Rs. 24,28,831/- and Rs. 7,571/- respectively by treating the same as excessively claimed; 2.2 Without prejudice to above, the Commissioner of Income Tax (Appeal) has also erred in confirming the disallowance of the consumption of pit and land expenses by treating them as excessively claimed for the following reason; 2.2.1 In not appreciating the fact that, following the mercantile system of accounting, the amount of consumption of land and pit construction has been accounted and claimed in the return o....

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....ceeded to pass the assessment order u/s. 143 (3) read with Section 147 of the Act and it was not open to the A.O to reject the objections to reassessment in the assessment order itself. For the aforesaid proposition, he relied on the decision of the Hon'ble Gujarat High Court in the case of General Motors India Pvt. Ltd. vs. DCIT. reported in (2012) 354 ITR 244. He also placed on record the copy of the aforesaid decision. He therefore submitted that since the A.O has not disposed of the objection to the notice u/s. 148 by a separate order, the assessment order passed under the Act needs to be quashed. 7. The ld. D.R. on the hand supported the order of A.O and CIT(A). He further submitted that since the A.O has rejected the objections of ....