Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2005 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (1) TMI 64 - HC - Income TaxOrder of the Commissioner passed u/s 263 – jurisdiction - Assessing Officer on March 14, 1989, rectified his original assessment order dated March 13, 1987, under section 154 in relation to the applicability of section 80HHC and claiming benefit of one item namely-extra shift allowance on transformers. - Then Commissioner in exercise of powers conferred under section 263 set aside the original order of assessment passed by the Assessing Officer on March 13, 1987 - Once the original order stands rectified then it loses its identity at least to the extent it stood rectified. In such circumstances, the Commissioner should have invoked his suo motu powers under section 263 of the Act against the subsequent rectified order dated March 14, 1989, if he was of the view that the same is erroneous and prejudicial to the interests of the Revenue. – Hence, Tribunal made no mistake in coming to the conclusion that the order of the Commissioner passed under section 263 which had the effect of setting aside the assessment order dated March 13, 1987, is without jurisdiction.
|