1998 (6) TMI 12

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.... JAYASIMHA BABU J.---The question of law referred to us was at the instance of the Revenue arising out of the assessment of the respondent's income for the assessment year 1968-69 is "whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in cancelling the order passed by the Income-tax Officer under section 154 as infructuous when the earlier order under ....

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....was made, including the time at which the order of rectification was made. The Appellate Tribunal was clearly in error in holding that the order of rectification under section 154 was infructuous. Learned counsel for the assessee submitted that at the time the order under section 154 was made there was no valid order under section 155(5) as the order that had been made under that provision had ....