TMI Blog2011 (11) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... f appeal became available only on 1.6.2007. Accordingly, the instant application is allowed, order dated 23.12.2009 is recalled and the writ petition is restored to its original number because against the order dated 8.9.2005 (P.1) passed by the Commissioner of Income Tax only writ petition would be competent. - CWP No.13232 of 2009 - - - Dated:- 11-11-2011 - MR. JUSTICE M.M.KUMAR, MR. JUSTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn by allowing liberty to the petitioner to file an appeal under Section 260 A of the Act. 2. Mr. Deepak Aggarwal, learned counsel for the applicant petitioner has argued that the Tribunal did not have the jurisdiction to entertain an appeal in respect of the order dated 8.9.2005 (P.1) which passed under Section 80-G(5)(vi) of the Act by the Commissioner of Income Tax, Karnal because the amend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 260A of the Act as the remedy of appeal became available only on 1.6.2007. Accordingly, the instant application is allowed, order dated 23.12.2009 is recalled and the writ petition is restored to its original number because against the order dated 8.9.2005 (P.1) passed by the Commissioner of Income Tax only writ petition would be competent. The writ petition be listed as per roster. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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