2004 (6) TMI 290

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... "That on the facts and circumstances the order of CIT ostensibly dt. 12th Dec., 2000, under s. 263 of the IT Act, 1961, against the assessment order dt. 12th Feb., 1999, for asst. yr. 1995-96 was served on the assessee on 30th July, 2001, and, therefore, the said order was presumably not passed on the date it bears and it is barred by limitation." At the time of hearing, learned Authorised R....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sumption that the order was not passed on the date it bears, if the same has not been served or issued from the office of the authority who has passed the same. He strongly relied on CIT vs. Swarna Taneja (1990) 87 CTR (MP) 66 : (1990) 186 ITR 348 (MP), CIT vs. Shree Narayana Chandrika Trust (1995) 123 CTR (Ker) 233 : (1995) 212 ITR 456 (Ker), Cochin Plantation Ltd. vs. State of Kerala (1997) 227 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onsidered the contentions of the parties very carefully and have gone through the relevant material on record as well as decisions cited by the parties. Sub-s. (2) of s. 263 reads as under: "No order shall be made under sub-s. (1) after the expiry of two years from the end of the financial year in which the order sought to be revised was passed." A plain reading of this provision would show ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng it. It is not enough if the order is made, signed and kept in the file, because such order may be liable to change at the hands of the authority who may modify it, or even destroy it, before it is made known, based on subsequent information, thinking or change of opinion. To make the order complete and effective, it should be issued, so as to be beyond the control of the authority concerned, fo....