2006 (12) TMI 556

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.... RESPONDENT : MR. RAKESH GARG ORDER VIJENDER JAIN, CHIEF JUSTICE ( ORAL ) Aggrieved by the order passed by the Income Tax Appellate Tribunal ( for short " the ITAT"), Revenue has preferred this appeal in this Court. The only point which has been raised before us by the appellant is that the penalty amount under Section 271-D of the Income Tax Act (for short "the Act") were a separate proceeding....

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....(Appeal) dated 05.12.1996, is to the following effect:- " Appeal Nos.:-188 & 189/95-96 Both these appeal Instituted on 24.9.96 from the orders of Income tax Officer, Ward-3, Ambala (R.L.Mahajan) 1. Year of asstt(s) 1991-92 & 1992-93 2. Name of the appellant M/s Jai Lakshmi Rice Mills, Hissar Road, Vill Nasirpur, Ambala City. 3. Income assessed. 1991-92 ₹ 42,04,959/- 1992-93 ....

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....eted u/s. 144 and the fact that ample opportunity was not afforded to the appellant, the assessment orders for both the assessment years in appeal are set-aside with the direction that the assessments may be framed denovo after affording adequate opportunity to the appellant. In the result, both Asstt. Orders, are set-aside." From a careful consideration of the aforesaid order, the CIT (Appea....