2001 (7) TMI 63

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....d by JAWAHAR LAL GUPTA J. -The Revenue is aggrieved by the order dated February 26, 1999, passed by the Income-tax Appellate Tribunal by which it has recalled its order of December 23, 1997. A few facts as relevant for the decision of this case may be briefly noticed. The dispute relates to the assessment year 1981-82. The assessee which is engaged in the business of export of handicrafts, e....

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....ficer had concurrent jurisdiction with the Inspecting Assistant Commissioner under section 125A of the Act and, thus, the procedure as laid down under section 144B of the Act was not required to be followed. The Commissioner of income-tax accepted the contention and held that the "impugned assessment order dated May 26, 1984, is time barred and hence a nullity in the eye of law". Aggrieved by the ....

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....unds in the case. This petition filed by the respondent-assessee has been accepted by the Tribunal. As a result, the order dated December 23, 1997, has been recalled. Aggrieved by the order of the Tribunal, the Revenue has filed the present appeal. Notice was issued to the assessee. Mr. S. C. Nagpal, advocate, has put in appearance. Learned counsel for the parties have been heard. The adm....

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....n raised. Thus, the Tribunal had erred in accepting the appeal of the Revenue. It should have remanded the case to the appellate authority for a decision on the other issues which may have been raised in the appeal. The miscellaneous application had been filed before the Tribunal only to ensure that the assessee's appeal was considered and decided on the merits. The contentions raised by counse....