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2010 (1) TMI 701 - ITAT, DELHIRevision u/s 263 - assessee debited an amount of Rs.26,52,404/- to profit and loss account under the head "building renovation account written off" - There is no dispute that the assessee had incurred expenditure in 1997 and the expenditure was claimed as deferred revenue expenditure over the period of the life of the assets - It is a settled law that the ld. CIT (A) had concurrent powers with that of the assessing officer. If the entire amount was to be disallowed, he could have enhanced the assessment by issue of show cause notice, but the same was not done - The consequence of amendment made with retrospective effect is that powers under section 263 of the ld. Commissioner shall extend and shall be deemed always extended to such matters as had not been considered and decided in appeal - Held that: the disallowance of Rs 2,65,340/- out of Rs.26,53,404/- was subject matter of appeal before the ld. CIT (A) and hence in view of clause (c) of Explanation to section 263 the ld. Commissioner has no jurisdiction to revise the order - Decided in favor of the assessee
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