Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (7) TMI 607 - HC - Income TaxRevision u/s 264(3) of the Act - Adjustment of income u/s 143(1)(a) of the Act – Demand of additional tax and interest – Held that:- One of the conditions for extending the benefit under the Scheme is that a revision, appeal or proceedings must be pending before the Authorities or Tribunal, created under the Act, or High Court or Supreme Court - that condition stood fulfilled, on account of the pendency of the revision - the extension of benefit is independent of merits, or otherwise of the claims in the appeals, revision or other proceedings - once it emerges that an appeal, revision or other proceedings were pending by the time the application was filed, it hardly makes any difference, if such proceedings are terminated by the concerned authority, unmindful of the pendency of the application - the approach of the revenue is totally untenable, apart from being opposed to the letter and spirit of the Scheme - the mere fact that a revision, which was pending before him was dismissed, cannot constitute the basis to deny the relief under the Scheme – Decided in favour of Assessee.
|