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2004 (10) TMI 36 - MADHYA PRADESH HIGH COURTRectification order - interpretation of section 154 - Assessing Officer by his order under section 154 withdrawing investment allowance in respect of drilling machines – held that placing reliance on an Explanation appended to Order 47, rule 1 of the Civil Procedure Code, held, and in our opinion rightly, that the legislative intent contained in enacting the Explanation added to Order 47, rule 1 can always be taken into consideration while construing section 154 of the Act. It was held that when a decision on a question of law on which the impugned judgment of the court is based has been reversed or modified by the subsequent decision of a superior court in another case that cannot be made a ground for review under Order 47, rule 1 of the Civil Procedure Code then it necessarily follows that the same cannot be made basis for claiming rectification under section 154 of the Income-tax Act - Tribunal was right in holding that the Assessing Officer had no jurisdiction to invoke the powers under section 154
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