2005 (1) TMI 64

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....t the instance of the Revenue (Commissioner of Income-tax) under section 256(1) of the Income-tax Act, 1961, by the Tribunal in R.A. No. 162/Ind of 1992 which in turn arose out of an order dated June 5, 1992, in I.T.A. No. 550/Ind of 1989 to answer the following question of law: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the order passe....

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....87, giving rise to its challenge before the Tribunal by the assessee. The Tribunal by an order dated June 5, 1992, allowed the appeal and set aside the order of the Commissioner of Income-tax giving rise to this reference at the instance of the Commissioner on the question framed supra. Heard Shri R. L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the Revenue. Having hea....

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....and rectified, i.e., original assessment order dated March 13, 1987. Once the original order stands rectified then it loses its identity at least to the extent it stood rectified. In such circumstances, the Commissioner should have invoked his suo motu powers under section 263 of the Act against the subsequent rectified order dated March 14, 1989, if he was of the view that the same is erroneous ....