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TMI Blog2017 (11) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... s been filed against the order and judgment dated 18.11.2009 passed by the Income Tax Appellate Tribunal in ITA No. 522/Lucknow/2009 for the assessment year 2006-07 by which the ITAT has set aside the order under Section 263 of the Act passed by the CIT-1, Kanpur. 4. While deciding the appeal of the ITAT has held that the order of the CIT-I, Kanpur was void ab initio, and therefore, deserves to be set aside. 5. The brief facts of the case are that the assessee is engaged in transport business on own account and also on commission basis. The present assessment year involved in the present appeal is assessment year 2006-07. For the assessment year 2006-07 the assessment was completed under Section 143(3) of the Act on a total income of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the above mentioned facts, circumstances and settled legal position, I hold that the assessment order passed by the Income Tax Officer-3(2), Kanpur on 15.09.2008 in the present case is erroneous and prejudicial to the interests of the Revenue. The assessment order passed by the Income Tax Officer-3(2), Kanpur on 15.09.2008 is set aside. The case is restored to the Assessing Officer with the directions to make a fresh assessment in accordance with the law after making necessary enquiries on all the points mentioned herein above after allowing the assessee an opportunity of being heard." 9. Aggrieved by the order passed under Section 263, appeal has been preferred by the assessee before the ITAT which has been decided by the ITAT vide i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment" 12. This provision clearly indicates that the power vested to revise an order prejudicial to the revenue is solely and extensively vested with the Principal Commissioner or Commissioner of Income Tax who may call for and examine the record of any proceeding under the provision of Income Tax Act and while doing so if the Principal Commissioner or the Commissioner found that the order passed by the assessing officer is erroneous, in so far as it is prejudicial to the interest of reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 143(3) of the Act was an order passed by the assessing authority who is not below in rank of the Income Tax Officer (Technical), who has initiated the proceedings under Section 263 in the instant case. An order cannot be revised by the equally situated or equally ranked authority or by any authority who is not authorised under the law. In the instant case the authorised authority is none else but the Commissioner of Income Tax or Principal Commissioner of Income Tax.
16. In view of the aforesaid facts, we have no option but to dismiss the appeal filed by the department, therefore, the order impugned passed by the Income Tax Appellate Tribunal is affirmed.
17. The appeal is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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