1989 (5) TMI 36

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t the instance of the Revenue. The respondent is an assessee to income-tax. For the assessment year 1973-74, the order of assessment was originally passed on June 10, 1976. The Income-tax Officer later realised that some mistake had crept in the assessment order. He initiated proceedings to rectify the order of assessment under section 154 of the Act. The respondent-assessee, in writing dated Nove .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Act. Thereafter, at the instance of the Revenue, the Appellate Tribunal has referred the following two questions of law for the decision of this court: " ( 1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the consent by, the assessee will not confer jurisdiction on the Income-tax Officer to pass rectification order under section 154 of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... seriously disputed at the Bar at the time of hearing. On this basis, we hold that the order passed by the Income-tax Officer will stand and that the Appellate Tribunal was in error in affirming the decision of the Commissioner of Income-tax. (Appeals) which interfered with the said order of the Income-tax Officer regarding the allocation of overhead charges. We hold accordingly but decline to answ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X