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2015 (8) TMI 229 - KERALA HIGH COURT

2015 (8) TMI 229 - KERALA HIGH COURT - TMI - Revision u/s 263 - case of the assessee that invocation of the power under Section 263 was illegal and that even on merits the order passed by the Commissioner was untenable - ITAT confirmed revision - Held that:- We have gone through the common order passed by the Tribunal. Reading of the order shows that the Tribunal has made reference to few judgments cited before it and finally concluded that the Commissioner has rightly exercised his jurisdiction .....

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No. 30 of 2014 - Dated:- 21-7-2015 - Antony Dominic And Shaji P. Chaly, JJ. For the Petitioner : Sri Ramesh Cherian John, Sri Jojo Isaac Neyyarapally, Adv For the Respondent : P K R Menon, SC Senior for Income Tax ORDER Antony Dominic, J. These appeals are filed by the assessee challenging the common order passed by the Tribunal dismissing ITA Nos.257 and 258 of 2013. The subject matter of these appeals relate to the assessment years 2009-2010 and 2006-2007 respectively. 2. After scrutiny asses .....

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for the appellant and the learned Senior Counsel appearing for the revenue. 4. The main contention raised by the counsel for the appellant is that the Tribunal did not examine the matter in the manner it should have. It is also the case of the assessee that invocation of the power under Section 263 of the Act itself was illegal and that even on merits the order passed by the Commissioner was untenable. It is stated that since the Tribunal did not examine the merits of the contentions ad has not .....

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