2012 (9) TMI 1145

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....hopra for the appellant. Sri P. J. Pardiwala assisted by Sri S.D. Singh appears for the respondent-assessee. 2. This Commissioner of Income Tax has preferred this Income Tax Appeal under Section 260-A of the Income Tax Act, 1961 (the Act) against the order dated 7.4.2000, passed by the Income Tax Appellate Tribunal, Allahabad Bench 'A', Allahabad, as well as the order of Commissioner of....

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..... In the appeal filed by the respondent assessee, the CIT (Appeals) recorded a finding that the system of accounting followed by the assessee, and are neither mercantile nor cash. He accordingly recomputed the income on cash basis. Aggrieved both the revenue and the assessee filed appeals before the Income Tax Appellate Tribunal, Allahabad. The Members of the Tribunal differed on some of the quest....

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....Tribunal. The department has not challenged the order of the Third Member of the Tribunal dated 26.03.1998. The order dated 7.4.2000, is not a final order of the Tribunal. It is an order passed on the rectification application of the department, to rectify the order, which is the opinion of the Third Member. He submits that the order dated 26.03.1998, is the opinion of Third Member of the Tribunal....

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....e ground that on the basis of the opinion of the Third Member of the Tribunal, the assigned Members would have faced difficulty in making the consequential orders and thus appeal against the order rejecting the application for rectification of the order is maintainable. 7. An appeal under Section 260-A of the Act lies to the High Court from every order passed in appeal by the Appellate Tribunal....