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2018 (2) TMI 1926 - HC - Income TaxRevision u/s 264 by PCIT - Scope of amendment to Second proviso to Section 40(a)(ia) - retrospective or prospective effect - HELD THAT:- Against the impugned assessment order under Section 143 (3) of the Act, the assessee does not appear to have filed any regular appeal before the Commissioner of Income Tax (Appeals) as per the provisions of Section 246 of the Income Tax Act, 1961, but instead chose to file a Revision Petition under Section 264 of the Income Tax Act, 1961 on 20/02/2015 which came to be partly allowed by the Respondent Principal Commissioner of Income Tax as indicated above. For the issues not decided by the learned Principal Commissioner, it is still open to the petitioner assessee to prefer a regular Appeal and the only objection regarding expiry of limitation as that the period has expired for preferring such regular appeal, which may be an issue. Present writ petition is therefore disposed of, relegating the petitioner assessee back to the appellate remedy before the learned Commissioner of Income Tax (Appeals) and if such first Appeal is filed before the learned CIT (Appeals) against the impugned assessment order dated 28/02/2014 within a period of 30 days from today, the same shall be entertained by the said Appellate Authority, without raising any objections on the ground of bar of limitation
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