9911796707
TMI Blog2012 (2) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... nue u/s. 260-A of the Income Tax Act, 1961, the following substantial questions of law have been posed for our answer :- "1. Whether the Tribunal was correct in holding that the commissioner exercising jurisdiction under Section 263 of the Act by holding that the Assessing Officer should rework the credit in respect of Canadian and Thailand Tax claimed under Double Taxation Avoidance Agreem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is a company and the assessment year is 1994-95. The assessment order is dated 27.2.1997 and this was the subject-matter of a revisional order dated 20.2.2001 passed by the Commissioner of Income Tax exercising suo motu revisional powers u/s. 263 of the Act and the order came to be passed in common along with the assessment orders for the years 1995-96 and 1996-97 in respect of the very ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red against the Revenue irrespective of the answers to the other two questions, this appeal inevitably has to be dismissed. Therefore, we are relegating to examine the other two questions for the consideration in other two appeals against the revenue viz. ITA No. 3098/05 and ITA No. 3160/05. In this appeal, we examine the question regarding limitation. 5. The order of the Commissioner on the face ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elief for the proportionate amount, that amount had remained the same even after the remission order issued by the Appellate Commissioner and consequential order passed by the Appellate Authority on 31.3.1999. 6. Though Sri. Indrakumar would point this a circumstance to urge that the starting point for computation of period of limitation of two years should be taken as 31.3.1999, it is vehemently ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
