2003 (5) TMI 21

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....llowing substantial question of law was framed by the court as arising in this appeal as per the suggestions made by learned counsel for the appellant: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in deleting the addition of Rs. 6,00,000 by holding that unpaid amount of bottling fee has, on furnishing of bank guarantee, to be treat....

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....ority by issuing notice under section 143(2) of the Income-tax Act, 1961. When the assessee received a notice for rectification in intimation, he has raised the contention that once the regular assessment proceedings came to be instituted, the rectification in intimation under section 143(1)(a) remains a provisional assessment and is to give way to the regular assessment which comes at the end of ....

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.... this court in D.B. Income-tax Appeal No. 10 of 2003, decided on April 25, 2003 (CIT v. Udaipur Distillery Co. Ltd. (No.1) [2004] 267 ITR 358 (Raj)) in the case of the very same assessee that such a course is not open to the assessing authority for creating additional liability by resorting to rectification proceedings for intimation under section 143(1)(a) where the regular assessment proceedings....

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....s not give the true picture of controversy for consideration in this appeal which arises out from the rectification proceedings by intimation under section 143(1)(a), and relates to the validity of rectification proceedings. Even on the merits, we are of the opinion that the question of deduction claimed by the assessee raises a debatable issue and cannot be considered as a mistake apparent fro....