1984 (1) TMI 60

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....der of the ITO, 'H'-Ward, Companies, District-V, dated March 29, 1976. The petitioner was assessed to tax with regard to the assessment year 1972-73 by an order dated July 8, 1974, but in making the assessment the vacancy allowance claimed by the petitioner was not allowed by the ITO though the income from house property constituted one of the heads of total income of the petitioner. The petitione....

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....rected to recompute the income under the head " Income from house property " in conformity with the statutory provision and in the light of the directions of the AAC. It has been pointed out by Mr. Roychowdhury that the impugned recomputation does not disclose any basis or material in support of the ITO's particular figure on account of vacancy allowance. In support of his contention that it was t....

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....IT [1971] 79 ITR 339 (All), as also on the case in CIT v. Seth Manicklal Fomra [1975] 99 ITR 470 (Mad), and Mr. Banerjee tried to contend that this was a case of a fresh assessment. In reply, Mr. Roychowdhury, learned counsel for the petitioner, relied on a Division Bench judgment of this Hon'ble Court in CTO v. Jasodalal Ghosal (P.) Ltd. [1979] 44 STC 31, which lays down that even in a case where....