9911796707
TMI Blog2006 (1) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... referred the following question under section 256(1) of the Income-tax Act, 1961 ("the Act"), at the instance of the Commissioner of Income-tax: "Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the Commissioner of Income-tax, Surat, was not justified to pass the order under section 263 of the Income-tax Act, 1961, in the case of the assessee relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income. The assessee carried the matter in appeal before the Tribunal. The Tribunal vide its order dated June 8, 1992, held that the order of the Commissioner of Income-tax under section 263 of the Act was without jurisdiction, and allowed the appeal. As can be seen from the order of the Tribunal, the Tribunal has found, as a matter of fact, that the assessment order was framed under section 143 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature of a summary assessment. The Tribunal was justified in holding that the Commissioner of Income-tax, Surat, was not justified in passing the order under section 263 of the Act in the case of the assessee in relation to the assessment year 1986-87. Considering the fact that the court has taken the view that the exercise of powers under section 263 of the Act was without jurisdiction, it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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