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2004 (11) TMI 56 - HC - Income Tax
"Whether the Tribunal was right in holding that the Commissioner of Income-tax did not hold jurisdiction to modify the order under section 158/185(1)(a)?" – ITO granted registration to the new firm under section 185(1)(a) - CIT had issued notice to the assessee proposing to cancel the registration of firm on the ground of error in the allocation of shares among the partners, but no notice was issued under section 158 read with sections 187 and 67 proposing to change the share allocation among the partners and the assessee did not get an opportunity to make representation in this regard. Therefore, the Commissioner of Income-tax did not have the jurisdiction to direct modification of the order passed by the Income-tax Officer under section 158 and the order passed by him cannot be sustained by relying on section 292B. As a corollary to this, we hold that the Tribunal did not commit any illegality by setting aside his order.