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Section 143 of the Income-tax Act, 1961 - Assessment - Additional tax - Assessment year 1991-92 - Whether where Assessing Officer has reduced total loss, additional tax under section 143(1A) is leviable - Held, no CASES REFERRED TO Asst. CIT v. J.K. Synthetics Ltd. [2001] 116 Taxman 598/ 251 ITR 200 (SC) [Para 2], J.K. Synthetics Ltd. v. Asstt. CIT [1993] 200 ITR 584 (Delhi) [Para 2] and CIT v. Hindustan Electro Graphites Ltd. [2000] 109 Taxman 342 / 243 ITR 48 (SC) [Para 3]. P.K.R. Menon and George K. George for the Applicant. Raju K. Mathews for the Respondent. JUDGMENT K.S. Radhakrishnan, J. - This is a reference under section 256(1) of theIncome-tax Act. The following question is referred for decision of this Court. "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that additional tax under section 143(1A) was not leviable on the assessee?" Assessee filed return for the assessment year 1991-92 claiming total loss of Rs. 6,04,043. In arriving at the loss assessee had claimed deduction under sections 80HH and 80J to the extent of Rs. 2,63,130. Assessing Officer processed the return under section 143(1)(a) of the Income-tax Act and determined the loss at Rs. 3,40,930. Assessee's claim for relief under sections 80HH and 80U was disallowed on the view that the result of the business being loss, deduction was not permissible. In the intimation issued, under section 143(1)(a) on the reduced loss of Rs. 3,40,930. Assessee's claim for relief under sections 80HH and 80J was disallowed on the view that the result of the business being loss, deduction was not permissible. In the intimation under section 143(1)(a) on the reduced loss of Rs 3,40,930, additional tax of Rs. 24,450 was levied under section 143(1A). Assessee then filed a petition for rectifying the intimation and deleting the additional tax. Assessing Officer rejected the request for rectification. Appeal preferred by the assessee was also dismissed. 2. The assessee took up the matter before the Tribunal. The Tribunal however held that the revenue authorities were not justified in levying additional tax under section 143(1)(a). Assessee raised a…

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