SPACO CARBURETTORS INDIA LTD Vs. RAJ KUMAR

JUDGEMENT

(1.) The short point raised in this petition is whether the assessing officer after issuance of notice for regular assessment under Section 143 (2) of the Income Tax Act, 1961 was justified in issuing intimation under Section 143 (1) (a) of the Income Tax Act, 1961

(2.) The assessment year relevant for the present petition is 1989-1990.

(3.) On December 29, 1989 the petitioner No. 1 (hereinafter referred to as 'the assessee') filed its return of income for AY 1989-90 inter alia claiming deduction of Rs. 1,01,15,244/- being the expenditure on acquiring technical know-how as revenue expenditure. An intimation under Section 143 (1) (a) was issued by the assessing officer on April 16, 1990 accepting the return.