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2005 (3) TMI 70 - HC - Income TaxPower of the Commissioner - "Whether Tribunal was legally correct to cancel the order passed by the Commissioner of Income-tax under section 263 because when the Tribunal passed the order the law stood amended and applied to all years before or after the amendment?" - Held that the consequence of the amendment made with retrospective effect is that power under section 263 shall extend and shall be deemed to be extended as if it has not been considered and decided in the appeal. Accordingly, in respect of the items which have not been considered, in appeal, the power of the Commissioner shall be extended to them – Hence we held that the order of the Tribunal cannot be justified.
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