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2002 (8) TMI 50 - HC - Income Tax"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the order under section 263, dated March 19, 1991, was barred by limitation and consequently cancelling the order under section 263?" - It is true that the Commissioner of Income-tax has the power to revise the order of the Assessing Officer on the issues which are not taken in appeal before the Commissioner of Income-tax (Appeals), but if the limitation has expired, the Commissioner of Income-tax cannot revise the original order of the Income-tax Officer beyond the period of limitation. The period of limitation in this case is two years from the date of the order sought to be revised, i.e., December 16, 1988, but the order of the Commissioner of Income-tax under section 263, dated February 26, 1992, i.e., beyond two years. - Considering these facts, no interference is called for in the order of the Tribunal.
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