1983 (3) TMI 99

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....he ITO noticed that excess depreciation in the nature of extra shift allowance on electrical machinery had been wrongly allowed. He, therefore, initiated proceedings u/s 147(b) of the IT Act and issued notices accordingly. After considering the assessee's contention, he disallowed extra shift allowances claimed at Rs. 2,02,853 and Rs. 4,41,090 respectively for the detailed reasons given in his ord....

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....nt which had been specifically excepted by the inscription of the letters 'NESA' meaning no extra shift allowance, against it in sub-item (ii) and also in respect of the items of machinery and plant to which the general rate of depreciation of 10% applied. The orders, however, show that no fresh facts came to the notice of the ITO between the time of the original assessment and the reopening there....

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....ooms should have been assessed under the head 'income from property and not as 'business income'. The ITO treated the audit report as an information and initiated proceedings u/s 147(b) of the IT Act. On appeal the AAC quashed the proceedings. On a second appeal, the Tribunal followed the decision of the Delhi High Court in CIT vs. H.H. Smt. Chand Kanwarji (1972) 84 ITR 584 (Del) and held that an ....