Case Law Details

Case Name : Chandigarh Vs. Punjab Agro Industries Corporation Ltd. (Punjab and Hariyana High Court)
Appeal Number : ITC No. 77 of 1999
Date of Judgement/Order : 14/03/2013
Related Assessment Year :

The CIT, Chandigarh Vs. Punjab Agro Industries Corporation Ltd., ITC No. 77 of 1999, Date of decision 14.03.2013, Punjab & Haryana High Court

In the present case, the Ld. AO made changes in the original order by invoking sec 154 based on evidences and disallowed a certain sum of expenditure which were related to previous years and as told found to be of capital in nature too. On appeal to CIT by the assessee, an order was passed for providing an opportunity of being heard to the assessee. The tribunal set aside the order of CIT and the order of AO was stated as null and void. An further appeal is made to High Court by the authority and it was decided that though an opportunity was not given to the assessee (the same is not even required) the authority has the right to rectify the order in which the mistake is apparent from the records and thus stating the decision of Appellate tribunal as wrong.

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