Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2009 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (8) TMI 641 - HC - Income TaxJurisdiction- The assessments of the respondent-assessees in each of the appeals were completed by the Assessing Officer under the provisions of Chapter XIV-B of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). Suo motu proceedings under section 263 of the Act were initiated by the Commissioner of Income-tax in respect of the aforesaid assessments. While the proceedings were pending the assessees had filed appeals against the assessment orders passed by the primary authority. By different orders the Commissioner of Income-tax interfered with each of the assessment orders in exercise of powers under section 263 of the Act. Thereafter, the appeals filed by the assessees were closed as infructuous by separate orders passed. Tribunal allow the appeal of the respondent assesee. Thus the present appeal is filed. Held that- allow the appeal. The Assessing Officer was regularly prompted to the post of the assistant Commissioner in 2001 and had exercised powers of Assistant Commissioner for over a period of two years. Therefore, the Assessing Officer was competent in law to make the initial block assessment and the order of the Tribunal overlooking the materials available on record were not sustainable.
|