1992 (4) TMI 23

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....udershan Talkies see [1993] 200 ITR 153 (Delhi)), which have been disposed of by judgment delivered today. Briefly stated, the facts are that, in respect of assessment years 1967-68 to 1969-70, the Income-tax Officer passed assessment orders but did not levy any interest under section 217 nor initiate proceedings under section 273(b) of the Act because of the non-compliance by the assessee with th....

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.... ITR 153) which have been decided in favour of the assessee. Pursuant to the order passed by the Commissioner of Income-tax and setting aside of the assessment order, the Income-tax Officer, in respect of those very years, namely, 1967-68, 1968-69 and 1969-70 passed fresh assessment orders. Interest was sought to be charged under section 217 and show cause notice was also directed to be issued ....

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....such it could not be covered by recourse to section 263 of the Income-tax Act, inasmuch as it was neither prejudicial to the interests of the Revenue nor was it erroneous ?" It is clear from our decision in Income-tax References Nos. 48 to 50 of 1975 ( [1993] 200 ITR 153 ) that the fresh assessment which was made by the Income-tax Officer was rightly annulled by the Appellate Assistant Commissi....