TaxTMI 
TaxTMI 
2009 (7) TMI 88
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.... is right in law and on facts in allowing the assessee's claim towards production incentive to the extent of Rs.2,42,476/- when the assessee had failed to produce evidence in support before the Assessing Officer?" The brief facts giving rise to the present reference are that the respondent-assessee, namely, M/s. Alfa Engineers, Rajkot, a registered firm, filed its return of income for Assessment Year 1987-88 on 30.06.1987 declaring a loss of Rs.6,08,930/-. The Assessing Officer has completed the assessment under Section 143 (3) of the Income Tax Act 1961 on 28.02.1990 assessing the total income of Rs.11,01,728/-, which, inter alia, included disallowance of production incentive amounting to Rs.2,42,476/-. While disallowing the said producti....
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....erred reference application under Section 256 (1) of the Act before the Tribunal requesting the Tribunal to refer to, inter alia, the above question of law for the opinion of this Court. The Tribunal, however, vide its order dated 05.03.1999 rejected the said reference application on the ground that no referable question of law arose out of the order of the Tribunal. The revenue thereafter filed Income Tax Application No.364 of 1999 under Section 256 (2) of the Act before this Court and this Court vide its order dated 07.12.1999 directed the Tribunal to draw a statement of case and to refer the above question of law for the opinion of this Court. Mrs. Mauna M. Bhatt, learned Standing Counsel appearing for the revenue has submitted that no....
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....d before the learned CIT (Appeal), Rajkot on behalf of the assessee. Even before the Tribunal, the learned departmental representative had contended that the assessee did not furnish the details for its claim of Rs.2,42,476/-. Without dealing with this submission made on behalf of the learned departmental representative or without calling for the records of the Assessing Officer, the Tribunal straightway allowed the said claim of the assessee after following its earlier decision in the case of M/s. P.M. Diesel (Private) Limited for A.Y. 1985-86. We are, therefore, of the view that even for the purpose of allowing the said claim, requisite details are necessary on the record. In absence of such details, claim cannot be allowed. If there is r....