2012 (2) TMI 132

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....DGMENT 1. In this appeal by the Revenue u/s. 260-A of the Income Tax Act, 1961, the following substantial questions of law have been posed for our answer :- "1.  Whether the Tribunal was correct in holding that the commissioner exercising jurisdiction under Section 263 of the Act by holding that the Assessing Officer should rework the credit in respect of Canadian and Thailand Tax claim....

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....ection 263 of the Act is invoked." 2. The assessee is a company and the assessment year is 1994-95. The assessment order is dated 27.2.1997 and this was the subject-matter of a revisional order dated 20.2.2001 passed by the Commissioner of Income Tax exercising suo motu revisional powers u/s. 263 of the Act and the order came to be passed in common along with the assessment orders for the years....

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....isposal of this appeal as if this question is answered against the Revenue irrespective of the answers to the other two questions, this appeal inevitably has to be dismissed. Therefore, we are relegating to examine the other two questions for the consideration in other two appeals against the revenue viz. ITA No. 3098/05 and ITA No. 3160/05. In this appeal, we examine the question regarding limita....

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....ount had been indicated by the assessee and claimed relief for the proportionate amount, that amount had remained the same even after the remission order issued by the Appellate Commissioner and consequential order passed by the Appellate Authority on 31.3.1999. 6. Though Sri. Indrakumar would point this a circumstance to urge that the starting point for computation of period of limitation of t....