TMI Blog1985 (7) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... -tax for the year 1961-62, the relevant accounting year ending on June 30, 1960. The assessee being aggrieved preferred an appeal to the Appellate Assistant Commissioner with partial success and the total income of the assessee as computed was reduced partly. A further appeal was preferred by the assessee to the Tribunal. While the appeal before the Tribunal was pending, the Income-tax Officer p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bruary 27, 1970, the appeal of the Revenue from the order of the Appellate Assistant Commissioner setting aside the order under section 23A was disposed of. The Tribunal restored the order under section 23A with direction that additional super-tax be computed by giving effect to the assessment as finally determined by the Tribunal. In March, 1972, the Income-tax Officer passed another order unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 23A of the Indian Income-tax Act, 1922 ? " The point raised in the question, it appears, is concluded so far as this court is concerned by its decision in CIT v. Luxmi Ideal Investment Finance Corpn. (P.) Ltd. [1978] 113 ITR 238, where it was observed as follows (p. 239): " But the question is not whether there is any limitation on the power of the Income-tax Officer or his successor but w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue, it can be rectified only by the Commissioner of Income-tax under section 33B of the Act and, hence, it must be held that no such power is intended to be given by the Legislature to the Income-tax Officer or his successor under section 23A of the Act. " Following the said decision, we answer the question referred in the affirmative and in favour of the assessee. There will be no order a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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