Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2005 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (12) TMI 73 - CALCUTTA HIGH COURTNotice under section 263 on ground that order of assessment particularly deduction for investment allowance by the Assessing Officer is prejudicial to the interests of the Revenue - whether the petitioner company is industrial undertaking or not or for its pattern of manufacturing of concrete piles is manufacturing any article or thing has been adjudicated and decided by the Tribunal previously in respect of the assessment year 1964-65. This fact-finding of the Tribunal in the case of the same assessee is binding unless otherwise contrary shown. It is settled position of law that the findings and decision of the Tribunal binds the subordinate officials of the Income-tax Office. - I think that there was no warrant to issue notice under section 263 of the Act by the Commissioner as conditions mentioned are not fulfilled in this case by reason of the fact there has been no error committed by the then Income-tax Officer.
|