Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2010 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (8) TMI 595 - HC - Income TaxRevision of the order - The petitioner is a private limited company carrying on business of manufacturing of textile cotton yarn - Petitioner filed a revision petition under Section 264 of the Act on 05.12.2007 before the Revisional Authority, the Commissioner of Income Tax I, Coimbatore - The first respondent passed an order dated 02.03.2009 u/s 264 of the Act rejecting the application of the petitioner seeking to revise the order dated 07.11.2006 on the ground that the revision petition is barred by limitation and that the order sought to be revised is not within the revisional power as per Section 264(4) of the Act - The judgment of a Division Bench of this Court in KADRI MILLS (COIMBATORE) LTD., VS. COMMISSIONER OF INCOME-TAX , the first reason assigned in the impugned order dated 02.03.2009 relating to limitation is erroneous - The first respondent is correct in holding that the application seeking revision of order is hit by Section 264(4)(c) of the Act - The petitioner, as he chose to file appeal against the order dated 07.11.2006 before the Commissioner of Income Tax (Appeals) and Commissioner of Income Tax (Appeals) rejected the appeal. Therefore, he cannot seek to revise the order that was appealed against.
|