2004 (9) TMI 46

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rawal J.- The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the opinion to this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the Commissioner of Income-tax had no jurisdic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....giving an opportunity of hearing to the respondent, he held that the Income-tax Officer had allowed excess depreciation amounting to Rs. 2,19,212 on various items. Apart from it, excess travelling expenses of Rs. 950 had also been allowed and the penalty proceeding under sections 273(b) and 140A of the Act had not been initiated by him. Accordingly, he directed the Income-tax Officer to reframe th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....respondent preferred an appeal before the Income-tax Appellate Tribunal. The Tribunal had modified the order of the Commissioner of Income-tax to the extent that the entire assessment order was not to stand set aside but was to be limited only to the reconsideration of the allowance of depreciation and travelling expenses by the Income-tax Officer. It deleted the direction in the last sentence in ....