2011 (4) TMI 1322

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....hna For the Respondent : H. L. Dihana ORDER Shamim Yahya (Accountant Member) This appeal by the Assessee is directed against the order dated 16.3.2007 passed u/s 263 of the IT Act by the Ld. Commissioner of Income Tax, Delhi-V, New Delhi. 2. At the threshold, it is noticed that there is delay of 1049 days in filing the appeal. The assessee in this regard has filed a condonation peti....

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....yond the order while executing the order. Therefore, all along the assessee bank was under the bonafide impression that the appeal would lie against the order in which the addition has been made and the demand raised. Since the ITAT has rejected the appeal of the assessee without considering the merits, the assessee bank is filing this appeal against the order of the C.I.T." 3....

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....e issue himself and directed the Assessing Officer to re-compute the income on the basis of his decision. He has not relegated the issue to the file of the Assessing Officer for readjudication." 3.1 Thereafter on 8.4.2010 the assessee filed appeal against C.I.T. order u/s 263 of the Act. 3.2 Thus, we find that the tribunal order is based upon the premise that the order u/s 263 has become fin....