Law: Income Tax Act, 1961

Section: 256,80-J.

Income-tax----New industrial undertaking---Special deduction---Appeal to A.A.C.--¬Special deduction under S.80-J allowed for assessment year 1968-69 for six months only---No appeal against this part of order---Matter could not be raised during assessment year 1972-73---Indian Income Tax Act, 1961, S.80-J. The assessee had claimed deduction under section 80-J of the Indian Income Tax Act, 1961, in the assessment year 1968-69. The deduction was allowed for six months. The assessee requested the Income-tax Officer to compute and calculate the deduction under section 80-J for the whole year 1968-69 of 6 per cent. of the capital employed and to allow the deficiency during the assessment year 1972-73. The claim was rejected. The Tribunal came to the conclusion that the assessee should have raised his grievance when the appeal was preferred against the order of the Income-tax Officer relating to the assessment year 1968-69. It was held that the issue could not be raised in the assessment year 1972-73. On a reference: Held, that the contention that deduction under section 80-J of the Income Tax Act, 1961, for six months only was erroneous, had not been raised in the appeal against the order of the Income-tax Officer for the assessment year 1968-69. Hence, the order passed by the Income-tax Officer had become final and could-not be reagitated or reopened in the assessment year 1972-73 in which neither the deduction was required to be determined nor any part of such deduction could be set off against the profit. of such year. The Tribunal was correct in law in refusing to consider the claim of the assessee in the assessment year 1972-73. CIT v. Amrit Lal (1989) 180 ITR 251 (P & H); CIT v. Bluemount Ceramics Ltd. (1980) 123 ITR 385 (Mad.); CIT v. Caps and Caps (1989) 179 ITR 235 (MP.); CIT v. Maneklal (T.) Mfg. Co. Ltd. .(1991) 192 ITR 268 (Bom.); CIT v. Mattoo Worsted Spinning and Weaving Mills (1983) 139 ITR 1020 (J & K); CIT (Addl.) v. Sheetalaya (1979) 117 ITR 658 (All.); CIT v. Sree Valliappa Textiles Ltd. (1987) 166 ITR 548 (Kar.); CIT v. Veljan Hydrair (P.) Ltd. (1985) 151 ITR 734 (AP.); Indian Aluminium Co. Ltd. v. CIT (1980) 122 ITR 660 (Cal.) & Lohia…

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