TMI Blog2011 (1) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... KUMAR GOEL, MR. JUSTICE ALOK SINGH, JJ. Ms. Urvashi Dhugga, Standing Counsel for the applicant. Mr. Akshay Bhan, Advocate for the respondent. ADARSH KUMAR GOEL, J. 1. This reference has been made at the instance of revenue by the Income Tax Appellate Tribunal, Chandigarh in pursuance of order of this Court dated 16.9.2003 in I.T.C. No.9 of 1998. The referred question has arisen from the order of the Tribunal dated 13.12.1996 in I.T.A. No.314/Chandi/1991 for the assessment year 1985-86 and is as under:- Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that provisions of section 154 are not applicable to rectify the mistake of law and that provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is that the provisions of section 80-VVA were brought on the statute book by the Finance Act, 1983 w.e.f. 01.04.1984 therefore, all deductions admissible under the Act which were brought forward in a particular case on 01.04.1984 for setting off and which deduction pertained to any year upto assessment 1983-84, are admissible without any limit thereon, to determine the total income in respect of assessment year 1984-85 to 87-88, notwithstanding the fact that the provisions of section 80-VVA had been introduced w.e.f. 01.04.1984. The contention of the assessee is clearly illconceived since if that were the interpretation and scope of section 80-VVA, the very existence of section 80-VVA is negated. In fact, the provisions of section 80-VVA w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the record, the exercise of the jurisdiction by the AO u/s 154 will be illegal and improper. Section 154 does not empower an AO to review the order passed by the predecessor AO because the normal rule is the remedy by way of review is a creature of the statute and unless clothed with such power by the statute, no authority can exercise the power. From the order passed by the AO as well as the first appellate authority, it is clear that the DCIT, Spl. Range, Chandigarh had passed an order u/s 154 on 30.6.1988 in which the assessee company was given benefit of brought forward of investment allowance, depreciation etc. for earlier years. This benefit was allowed after due consideration by the Ld. DCIT, Spl. Range, Chandigarh and thereafter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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