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2003 (4) TMI 77 - GUJARAT HIGH COURT
"Whether, Tribunal has not erred in law and facts in allowing the appeal of the assessee and quashing the order of the Commissioner of Income-tax under section 263 and restoring the order of the Income-tax Officer?" - while holding that the Tribunal had committed an error in upholding the preliminary objection of the assessee against the revisional exercise of powers under section 263 of the Act in the context of the order made by the Income-tax Officer pursuant to the direction issued by the Inspecting Assistant Commissioner under section 144B(4) of the Act, we hold that the Tribunal has not committed any error in allowing the appeal of the assessee and quashing the order of the Commissioner of Income-tax passed under section 263 of the Act and in restoring the order of the Income-tax Officer. The question referred to us is, therefore, answered in favour of the assessee and against the Revenue