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2017 (6) TMI 402 - HC - Income TaxPower to transfer cases u/s 127 - revenue contends that having regard to the presumptive nature of section 124 Tribunal could not have examined the existence of the said order in view of its limited jurisdiction - Held that:- Revenue's contention that the Income-tax Appellate Tribunal's bye-laws are limited and cannot examine the existence of the order given the nature of section 124 is unpersuasive. As an appellate body, it certainly can call for the records and examine the existence of the order. That is, however, entirely different from the effect of section 124 which may bring forward the effect of such order. In other words, existence of the order which is the basis of an assessment can certainly be looked into by the Income-tax Appellate Tribunal as an appellate body. This may be done even though the effect of such order on account of section 124 and a further enquiry into its legality may or may not be available. With this clarification, the court is of the opinion that no substantial question of law arises.
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