TMI Blog2001 (7) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Appellate Tribunal by which it has recalled its order of December 23, 1997. A few facts as relevant for the decision of this case may be briefly noticed. The dispute relates to the assessment year 1981-82. The assessee which is engaged in the business of export of handicrafts, etc., filed a return declaring an income of Rs.15,96,650. It filed a revised return showing an income O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and, thus, the procedure as laid down under section 144B of the Act was not required to be followed. The Commissioner of income-tax accepted the contention and held that the "impugned assessment order dated May 26, 1984, is time barred and hence a nullity in the eye of law". Aggrieved by the order, the Revenue filed an appeal before the Income-tax Appellate Tribunal. The appeal was dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a result, the order dated December 23, 1997, has been recalled. Aggrieved by the order of the Tribunal, the Revenue has filed the present appeal. Notice was issued to the assessee. Mr. S. C. Nagpal, advocate, has put in appearance. Learned counsel for the parties have been heard. The admitted position is that the assessee had filed an appeal against the order of assessment. The appeal wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case to the appellate authority for a decision on the other issues which may have been raised in the appeal. The miscellaneous application had been filed before the Tribunal only to ensure that the assessee's appeal was considered and decided on the merits. The contentions raised by counsel appears to be fair. In this situation, we consider it appropriate to direct that the case shall be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther, the assessee having succeeded the Commissioner of Income-tax, it had no occasion to file any cross appeal for the simple reason that the entire assessment had been annulled. We find that the order of the Tribunal recalling its earlier decision is just and fair. No other point has been raised. In view of the above, the appeal is disposed of with the direction that the assessee's appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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