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2010 (11) TMI 157 - KERALA HIGH COURTRevision - Rectification of mistakes - The Tribunal cancelled the order issued by the Commissioner on the ground that original assessment only could be revised under section 263 - There is no bar in section 263 restricting the power of the Commissioner by limiting his jurisdiction to revise only original orders issued by the Assessing Officer - In fact, any proceedings issued by the Assessing Officer, whether it be original assessment or revised assessment issued under section 147 or even a rectification order issued under section 154, could be revised in exercise of powers under section 263, if the order is erroneous or is prejudicial to the interest of the revenue. - The assessee having not challenged the revised assessment, cannot also contest validity of that proceedings before the Tribunal in an appeal filed against the order issued under section 263. The Tribunal, being the 2nd appellate authority, cannot consider validity of an assessment or reassessment order while considering the appeal filed against an order issued under section 263. So much so, the order of the Tribunal is liable to be vacated.
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