COMMISSIONER OF INCOME TAX Vs. INTERNATIONAL AUTO LTD

JUDGEMENT

(1.) HEARD learned counsel for the parties at length.

(2.) THE following questions of laws are involved in this appeal:

(3.) THE assessee preferred appeal against the said assessment order which was partly allowed by the C.I.T.(Appeal) vide order dated 23.01.2009. The C.I.T. (Appeal) also considered each and every component which has been considered by the A.O. and thereafter, deleted the above addition which could have been done only in regular assessment under Section 143 (3) only and not under Section 115JB.. However, while considering ground no.4, the C.I.T. (appeal) held that "the AO has added back the sum of Rs. 7,49,672/ -, Rs. 4,86,973/ - and Rs. 34,44,754/ - to the Book Profit for the purpose of charging tax u/s 115 JB without giving any reason.'' The C.I.T.(Appeal) directed the A.O. to remove the amounts added by him to the sum of Rs.20,70,995/ -.