Law: Income Tax Act, 1961

Section: 256

Income -tax---Revision Scope of powers of Commissioner Appeal against order of assessment before A. A. C. Aspect not dealt with by A. A. C. Could not be subject matter of order of revision Disallowance of depreciation A. A. C. dealing with rate of depreciation Commissioner could not revise order with reference to period to which depreciation related. C.I.T. v. Amritlal Bhogilal & Co. (1958) 34 I T R 130 (S C); C.I.T. v Electro House (1971) 82 I T R 824 (S C); Electro House v C.I.T. (1968) 70 I T R 421 (Cal.); Gee Vee Enterprises v C.I.T.(Addl.) (1975) 99 I T R 375 (Delhi); J.K. Synthetics Ltd. (Addl.) v. C.I.T. (1976) 105 I T R 344 (All.); 'Jeewanlal (1929) Ltd. v. C.I.T. (Addl.) (1977) 108 I T R 407 (Cal.); Khem Chand v. Union of India (1958) S C R 1080 (S C) and Premchand Sitanath Roy v. C. I. T. (Addl.) (1977) 109 I T R 751, (Cal) ref. JUDGMENT SABYASACHI MUKHARJI, J. In this reference, under section 256(1) of the I.T. Act, 1961, the following questions have been referred to this Court: "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the issue of disallowance under section WON) was not the subject matter of an order by the Appellate Assistant Commissioner and hence the Commissioner of Income tax had the jurisdiction under section 263 on this issue ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that even if the second part of section 40(a)(v) was not mentioned by the Commissioner of Income tax in the notice under section 263 specifically, it was not precluded from considering the whole of the section? 3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the Commissioner of Income tax was justified in setting aside the order of the Income tax Officer on the issue of disallowance under section 40(a)(v)?" In order to appreciate the questions, it would be necessary to refer to the order of the I.T.O, for the relevant assessment year, being the assessment year 1970 71, which was passed on the 24th March 1973. In that order the I.T.O. observed, in the question of…

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