2006 (1) TMI 67

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Tribunal, Ahmedabad Bench "B", has referred the following question under section 256(1) of the Income-tax Act, 1961 ("the Act"), at the instance of the Commissioner of Income-tax: "Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the Commissioner of Income-tax, Surat, was not justified to pass the order under section 263 of the Income-tax Act, 1961, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s tax benefit of Rs. 2,32,961 to the total income. The assessee carried the matter in appeal before the Tribunal. The Tribunal vide its order dated June 8, 1992, held that the order of the Commissioner of Income-tax under section 263 of the Act was without jurisdiction, and allowed the appeal. As can be seen from the order of the Tribunal, the Tribunal has found, as a matter of fact, that th....