Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (5) TMI 114 - AT - Income TaxRevisionary jurisdiction u/s 263 of the Act – Power to set aside TPO’s order u/s 92CA(3) of the Act - Held that:- The decision in Essar Steels Ltd. v/s ACIT [2014 (4) TMI 809 - ITAT MUMBAI] followed - the Commissioner has no jurisdiction over the TPO administratively and he could not have revised the order passed u/s 92CA(3) passed by the TPO - the CIT has no jurisdiction over the TPO administratively and the CIT could not have revised the order u/s 92CA(3) passed by the TPO - the Commissioner cannot exercise the revisionary jurisdiction u/s 263 on the order passed u/s 92CA(3) by the TPO - Once the Commissioner cannot exercise jurisdiction, then the order passed by the AO cannot be set aside as the order of the TPO u/s 92CA(4) is binding on the AO – the order passed by the Commissioner for both the years are cancelled for want of jurisdiction – Decided in favour of Assessee.
|