2017 (1) TMI 855

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....he Respondent : D.D. Chopra,Alok Mathur ORDER 1. Heard Dr. R.S. Pande, learned counsel for appellant and Sri Alok Mathur, learned counsel for respondent. 2. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as "Act 1961") has arisen from judgment and order dated 24.05.2005 passed by Income Tax Appellate Tribunal, Lucknow Bench ''B' Lucknow (herei....

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....with regard to Section 139(9) of Act 1961, does not arise, for the reason that Assessing Authority has not rejected Return for any defect therein and in fact the revised Return filed by Assessee on 21.01.1993 was taken and thereafter Returning Authority proceeded to make assessment by means of order dated 13.12.1994. Hence Section 139(9) has no application. Therefore, as agreed by learned counsel ....

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....anced by Assessee on merits, has virtually changed earlier order and now allowed appeal and directed Assessing Officer to allow assessed loss and unabsorbed depreciation to be carried forward and treat return as a valid return in absence of Section 139(9) of Act 1961 and thereby has virtually reviewed earlier assessment. This approach of CIT(A) in passing order dated 21.09.2000 under Section 154 i....

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....no party appearing before the Tribunal, be it an assessee or the Department, should suffer on account of any mistake committed by the Tribunal. This fundamental principle has nothing to do with the inherent powers of the Tribunal. In the present case, the Tribunal in its Order dated 10.09.2003 allowing the Rectification Application has given a finding that Samtel Color Ltd. (supra) was cited befor....