1989 (4) TMI 54

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.... GOKAL CHAND MITAL J. -On March 29, 1980, the Income-tax Officer served a draft assessment order under section 144B of the Income-tax Act, 1961 (hereinafter called "the Act"), on the assessee. On April 3, 1980, the assessee filed objections and the matter was sent to the Inspecting Assistant Commissioner and on receipt of the directions from him, the matter was taken up by the Income-tax Officer.....

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....inion of this court : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in restoring the appeal on the issue of the additional claim for weighted deduction under section 35B made by the assessee, vide his letter dated May 22, 1980, for fresh disposal in accordance with law ? (2) Whether, on the facts and in the circumstances of the case,....

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....f the Act, the matter could not be considered by the Income-tax Officer or any other appellate authority, and, therefore, the Tribunal has erred in law in allowing the point to be raised at the appellate stage and in sending back the case to the Commissioner of Income-tax (Appeals) for fresh decision. We are unable to appreciate the argument raised by counsel for the Revenue because the matter ....

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....sessment under section 143, the assessee could raise the point of weighted deduction during the proceedings, even if such a deduction was not claimed in the return filed by it. Moreover, it has been held in CIT v. Oswal Woollen Mills Ltd. [1987] 163 ITR 484 (P & H) that after completion of the assessment proceedings, at the appellate stage, benefit of weighted deduction under section 35B of the Ac....