1984 (10) TMI 76

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....appeal, the issues involved are common, and, therefore, are disposed of by means of this common order. 2. On behalf of the assessee, Mr. Anil Harish, ld. Representative, pointed out that the assessments were-reopened under s. 147(a) after obtaining the sanction of the CIT, Bombay. The only ground for re-opening was the set off a carry forward of deficiency on account of 80J was wrong. In the re....

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....nder: "There is not separate balance-sheet for the solvent extraction plant. Therefore, the assessee was specifically asked to work out capital employed in this plant as per Rule 19A. Looking to the balance-sheet for the earlier year, I find that if the capital is to be found out, it will be a minus figure." In 1972-73, the observations are that this allowance has been disallowed in the past....

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....the accepted. It was pointed out to p. 22. The ITO made an order s. 154 wherein it was clearly observed that "the assessee is not maintaining separate books of account in respect of the new industrial undertaking." The calculation which were given to the ITO were verified and thereafter he passed the rectification order. The rectification order are at pp. 22, 36, 54, 55 of the paperbook for asst. ....

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....ng of the assessments under s. 147(a). The entire proceeding was bad in law.  Mr. Mahadeshwar for the department relied on the orders of the authorities below. 4. We have heard the rival arguments of the parties. We have already brought out while narrating the facts as submitted by Mr. Harish, ld. Representative of the assessee, that the ITO was fully aware of the fact that the assessee wa....