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2018 (2) TMI 765 - HC - Income TaxRevision petition u/s 264 in favor of assessee - amount taxed twice - Held that:- The revisional powers of the Commissioner under section 264 of the Act are very wide and empowers the Commissioner to take any order of his subordinate authority into revision and further make necessary inquiry to pass such order as he thinks fit. These powers are subject to two main restrictions viz. that the order would be subject to the provisions of the Act and in any case, cannot be an order prejudicial to the assessee. In case of National Thermal Power Co. Ltd.v. Commissioner of Income Tax [1996 (12) TMI 7 - SUPREME Court] has held that there is no reason to restrict the power of the Tribunal under section 264 of the Act to entertain any question for the first time so long as the relevant facts are on record. The Court referred to the judgment in case of Jute Corporation of India Ltd. v. CIT [1990 (9) TMI 6 - SUPREME Court] and noted the observations with approval that an appellate authority is vested with all the plenary powers which the subordinate authority may have and there is no reason to justify curtailment of the power of the appellate Commissioner in entertaining an additional ground raised by the assessee in seeking modification of the order of assessment passed by the Assessing Officer. The question of double taxation was very much appearing before the Assessing Officer during the assessment for the assessment year 2013-14. It was this issue which the assessee had carried before the Commissioner in revision petition. Thus, this issue arose out of the order of assessment and all necessary facts to entertain such a question were any way on record. It is by now well settled that assessment proceedings are not adversarial and the Revenue can tax only the real income. Thus order of the Commissioner is set aside - AO is directed to modify the order of assessment by deleting sum of ₹ 44,80,302/from the total income of the assessee with consequential tax implication.- Decided in favour of assessee
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