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II. Direct Tax Caselaw:
1. The
CIT, Chandigarh Vs. Punjab Agro Industries Corporation Ltd., ITC No. 77
of 1999, Date of decision 14.03.2013, Punjab & Haryana High Court
Whether
the Tribunal was right in providing that the order passed by the AO is
null and void merely because the AO has made changes in the original
order by invoking section 154.
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.
(Please click here for judgment)
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