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2013 (11) TMI 1059 - KERALA HIGH COURTValidity of proceedings u/s 263 - doctrine of merger - Held that:- The subject matter considered by the First Appellate authority was not with respect to the method of computation but altogether a different subject matter therefore the original assessment order accepting the book profit computed by the assessee on 28.12.2007 would be the criterion so far as limitation issued and not the subsequent order of the assessing authority consequent to the order of the First Appellate Authority - In order to exercise suo motu powers under Section 263 finding fault with the book profit computation accepted by the assessing authority, it ought to be from original assessment order and not with reference to First Appellate Authority's order which was nothing to do with acceptance of book profit computation adopted by the assessee - Decided against Revenue.
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