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Section 143(1)(a) of the Income-tax Act, 1961 - Prima facie adjustment uu Gujarat Petrosynthese Ltd. v. P. L. Rungta [2008] 220 CTR (Guj.) 584/[2009] 316 ITR 282 (Guj.) For the purposes of determining prima facie admissibility or prima facieinadmissibility of any loss, deduction, allowance, etc. the same has to be on the basis of the information available in the return filed by the assessee, or the accounts and documents accompanying such return. The return in question is the return for the assessment year in consideration and cannot be considered to be return for any other assessment year. For this purpose the accounts and documents will also have to be understood as being relatable to the return for the year under consideration before the assessing authority. The amount of unabsorbed depreciation and unabsorbed investment allowance to the extent considered for working out book profits for the purposes of section 115J earlier assessment years, namely assessment years 1988-89 and 1989-90, cannot be treated to be prima facie inadmissible on the basis of the information available in the return, accounts, or documents accompanying the return for the assessment years 1990-91 and 1991-92, i.e., the two years under consideration. Further such issue being highly debatable could not be considered to be prima facie inadmissible in exercise of powers under section 143(1)( a). [In favour assessee] [Assessment years 1990-91 and 1991-92] S.N. Soparkar for the Petitioner. Manish R. Bhatt, R.P. Bhatt and Bharat J. Shelat for the Respondents. JUDGMENT D.A. Mehta, J. : Petitioner No. 1 herein, a limited company, has challenged the action of the respondent authorities, more particularly order dt. 31st Dec, 1992 made by respondent No. 1 under s. 264 of the IT Act, 1961 (the Act), and intimations dt. 8th July, 1992 under s. 143(1)(a) of the Act issued by respondent No. 2, and orders dt. 22nd Sept., 1992 under s. 154 of the Act made by respondent No. 2. 2. The assessment years in question are 1990-91 and 1991-92. It is the case of the petitioner that respondent No. 2, by making disallowance of carried forward unabsorbed depreciation and unabsorbed investment allowance relatable to…

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