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2016 (11) TMI 1419 - HC - Income TaxRevision u/s 263 - Held that:- In a given set of circumstances two different opinions can be formed, it is not appropriate to interfere with one of the opinions expressed until and unless the opinion is found to be perverse or based on no evidence or material. If this principle is applied to the present case, we find that the Tribunal has not committed any error, it was a case where the exercise of jurisdiction under section 263 by the Commissioner being unsustainable, the Tribunal has rightly interfered into the matter, in view of the interpretation to section 263 made by the Supreme Court, as detailed hereinabove, interference made by the Commissioner being unsustainable, we answer question Nos. 1 and 3 by holding that the exercise of power under section 263 by the appellate authority namely the Commissioner while passing the appellate order on December 31, 2012 was not proper and by interfering in a proceeding under section 263 an error has been committed and if the Tribunal has interfered on same, no illegality is committed by the Tribunal. Once we hold that the exercise of power under section 263 by the Commissioner while passing order on December 31, 2012 was not warranted we have to dismiss this appeal and the other questions, i.e. question No. 2 formulated need not to be gone into.
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