TMI Blog1973 (9) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Act, 1961? (iii) Whether the acceptance of the assessee's contention by ITAT and the grant of relief on that basis would not amount to a review of its earlier order and whether the Appellate Tribunal is competent to review its previous order?” - Section 275 of the Income-Tax Act, 1961 does not permit any relaxation of the rigidity of the rule of limitation, it is specifically mentioned in section 153(3) and 263(3) that period of limitation will not apply when the authority acts under the direction of appellate authority - - - - - Dated:- 20-9-1973 - Judge(s) : P. GOVINDAN NAIR., K. SADASIVAN. JUDGMENT The judgment of the court was delivered by GOVINDAN NAIR C.J.-The Income-tax Appellate Tribunal, Cochin Bench, has referre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order of penalty on January 15, 1966. The assessment order was not appealed against; but the order imposing penalty was. The Appellate Assistant Commissioner dismissed the appeal from the order imposing the penalty. There was a further appeal before the Tribunal and the Tribunal by its order dated December 7, 1968, annexure "D" to the paper book, set aside the penalty order and directed the Income-tax Officer " to dispose of the penalty proceedings after giving the assessee an opportunity to represent his case". The Income-tax Officer thereafter imposed an order of penalty on March 19, 1969. This was also the subject-matter of appeals before the Appellate Assistant Commissioner and the Tribunal. The Tribunal took the view that the order i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bay High Court took the view that the period of two years mentioned in section 33B(2)(b) will not apply when the Commissioner acted pursuant to the direction of the Tribunal. However desirable it be to have a provision that the period of limitation would not apply when the authority acted under the direction of the appellate authority, with great respect, we are unable to agree with the view that such a provision can be introduced by judicial decisions. As a matter of fact, the legislature itself has provided safeguards in such circumstances as is evident from the provisions in sections 153(3) and 263(3) of the Income-tax Act, 1961. The presence of such safe-guards in these two sections and the absence of any in section 275 can give rise on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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