LAWS(MPH)-2005-1-151

COMMISSIONER OF INCOME-TAX Vs. INDERNARAYAN JHALANI

Decided On January 05, 2005
COMMISSIONER OF INCOME -TAX Appellant
V/S
Indernarayan Jhalani Respondents

JUDGEMENT

(1.) THIS is an application made by the Revenue (Commissioner of Income -tax) under Section 256(2) of the Income -tax Act, 1961, consequent upon the dismissal of his application made under Section 256(1) of the Act in R.A No. 165/Ind/98 by order dated November 30, 1998, which in turn arise out of an order dated July 27, 1998, in I.T.A. No. 646/Ind/94.

(2.) HEARD Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, learned Counsel for the Revenue and Shri Nazir Singh learned Counsel for the assessee.

(3.) THE question involved in this case relates to the assessment year 1992 -93. It pertains to the interpretation of Section 80HHC(3), read with the powers of the Assessing Officer under Section 143(1)(a) and Section 154 of the Act while claiming certain deductions.