TMI Blog2018 (2) TMI 1926X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax as indicated above. For the issues not decided by the learned Principal Commissioner, it is still open to the petitioner assessee to prefer a regular Appeal and the only objection regarding expiry of limitation as that the period has expired for preferring such regular appeal, which may be an issue. Present writ petition is therefore disposed of, relegating the petitioner assessee back to the appellate remedy before the learned Commissioner of Income Tax (Appeals) and if such first Appeal is filed before the learned CIT (Appeals) against the impugned assessment order dated 28/02/2014 within a period of 30 days from today, the same shall be entertained by the said Appellate Authority, without raising any objections on the gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of India in several cases. One of such case is in the case of CIT (1) VS. Ansal Landmark Township Pvt Ltd., (2016) 73 taxmann.com 63 (SC). Many of such appeals of the revenue have been tagged with Civil Appeal No.1248/2016 before the Honourable Supreme Court in the case of CIT Vs. M/s. Tide Water Marine INTL. Inc. Thus the law in this respect is not settled and since the revenue has not accepted the decisions holding that the Second Proviso to Section 40(a)(ia) of the Income-tax Act, 1961 has to be given retrospective effect, hence under the provisions of section u/s 264, the relief sought by the assassee in this regard cannot be granted. Hence I declined to interfere in this matter as sought FOR by the assessee. It may also be mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chose to file a Revision Petition under Section 264 of the Income Tax Act, 1961 on 20/02/2015 which came to be partly allowed by the Respondent Principal Commissioner of Income Tax as indicated above. 4. For the issues not decided by the learned Principal Commissioner, it is still open to the petitioner assessee to prefer a regular Appeal and the only objection regarding expiry of limitation as that the period has expired for preferring such regular appeal, which may be an issue. 5. In the circumstances of the case, the present writ petition is therefore disposed of, relegating the petitioner assessee back to the appellate remedy before the learned Commissioner of Income Tax (Appeals) and if such first Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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