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2012 (7) TMI 455 - AT - Income TaxWhether CIT erred while passing the order under section 263 of the Income Tax Act, 1961 wherein the order under section 263 has been passed based on the change of opinion – Held that:- On change of opinion, the CIT cannot assume his jurisdiction under section 263 of the Act - Assessing Officer erred in calculating the exemption u/s. 10A of the I.T. Act after deducting the telephone charges from the export turnover - Once an appeal is taken and is decided the original order merges in the appellate order and thereafter it is the appellate order which is operative and enforceable - order of the CIT passed under section 263 of the Act cannot be survived - appeal of the assessee is allowed.
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