1998 (9) TMI 33

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e questions referred to us at the instance of the Revenue are as follows : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in entertaining a new ground not taken at any stage of the proceedings under section 263 of the Income-tax Act, 1961, to cancel an order under that section of the Commissioner of Income-tax ? 2. Whether, on the facts a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rs does not amount to generation or distribution of electricity or any other form of power referred to in section 32A(2)(b) of the Act and that meters are also not covered by item No. 5 of the IXth Schedule which refers to thermal and hydro power generation equipment. The Tribunal has set aside the order of the Commissioner on the ground that the Commissioner had no jurisdiction to revise the orde....