2010 (4) TMI 698

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.... Narayan, Chartered Accountant ORDER Per Dr. O.K Narayanan, Vice President : - These two appeals are cross-appeals filed by the assessee and the Revenue respectively. The relevant assessment year is 2002-03. These cross-appeals are directed against the orders of the CIT(A) - IV atBangaloredated16-9-2009. The assessment in this case has been completed u/s 143(3) read with sec. 263 of the I....

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....he Revenue and, therefore, the CIT has no jurisdiction to pass a revision order u/s 263. Accordingly the Tribunal set aside the revision order passed by the CIT. 3. The Assessing Officer, meanwhile, even after the Tribunal has set aside the revision order passed by the CIT, passed consequential assessment order in the light of the revision order passed by the CIT u/s 263. When the Assessing Off....

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....de the revised assessment order and CIT(A) should have restored the matter back to the Assessing Officer. The contentions raised by the assessee in the appeal are that the CIT has not addressed the grounds raised by the assessee before him regarding future consequence, if any, that may arise out of the jurisdictional high court reversed the order of the Tribunal. 5. We heard both sides in detai....

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....unts to contempt of court as well. The Revenue could have preferred to file an appeal before the Jurisdictional High Court against the order of the Tribunal setting aside the revision order passed by the CIT. If such an appeal has been already filed, well and good. Otherwise, Revenue has no remedy when the Tribunal has set aside the revision order of the CIT. The said order no more exists and the ....