1992 (8) TMI 20

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....HAR J. -This writ petition pertains to the assessment year 1990-91, the relevant accounting year being April 1, 1989 to March 31, 1990. The petitioner-company filed a return for the assessment year 1990-91 with the respondents on November 12, 1990, showing assess able income at Rs. 50,049 against which unabsorbed business loss of Rs. 50,049 was adjusted, resulting in nil income. The respondents, h....

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.... Deputy Commissioner of Income tax has passed a further order of rectification dated March 21, 1991, under section 154 of the Income-tax Act, 1961. This order has been annexed as exhibit 'I' by way of an amendment to the petition. As per this order, the contentions of the petitioners have been accepted and the assessable income for the assessment year 1990-91 has been considered as nil. The order ....

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....ifficult to justify this part of the order. The petitioners have not paid so far any additional tax as per the impugned order of March 21, 1991. Therefore, the question of granting any refund does not arise at this stage. Even otherwise, under section 143(1A)(b) where, as a result of an order, inter alia, under section 154 the amount on which case may be, the additional income-tax shall be increas....