1982 (6) TMI 10

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... -The questions of law referred in this reference by the Income-tax Appellate Tribunal are as follows : " 1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the Commissioner of Income-tax is not competent to set aside the assessment order in case where the Income-tax Officer failed to comply with the provisions of section 144B .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssee did not go up in appeal. The Commissioner, acting under s. 263 of the Act, revised the order of the ITO on the ground that it was prejudicial to the interest of the Revenue. The Commissioner's order was set aside in appeal by the Tribunal holding that the order of the ITO was accepted by the assessee and it was not prejudicial to the interest of the Revenue. As already mentioned, s. 144B pro .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e question of directing the enhancement of the income assessed in the draft or provisional order of the ITO can arise only when the assessee does not accept the provisional order. In the instant case, the only mistake committed by the ITO was that he did not issue a draft order, and issued a final order which was accepted by the assessee. As the assessee was prepared to accept the assessment made .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X