1996 (7) TMI 13

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....WARI J.---At the instance of the Commissioner of Income-tax, Bhopal, the Tribunal has stated the case and referred the undernoted question, labelling it as of law, arising out of the order dated November 5, 1993, passed by the Tribunal in I. T. A. No. 226/Ind. of 1992 for the assessment year 1990-91 on application under section 256(1) of the Income-tax Act, 1961 (for short "the Act"), registered a....

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.... the losses whereas a demand of Rs. 2,50,838 was raised in respect of the adjustment of Rs. 2,97,434 which included tax plus interest. Against this adjustment, the assessee filed an appeal before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) dismissed the appeal as untenable on the assumption that it was non-appealable under section 246(1)(a) of the Act. The as....

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....agdiya, learned senior counsel with Shri V. K. Jain, for the non-applicant/assessee. Section 246(1)(a) of the Act provides as under : "246. Appealable orders.---(1) Subject to the provisions of sub-section (2), any assessee aggrieved by any of the following orders of an Assessing Officer (other than the Deputy Commissioner) may appeal to the Deputy Commissioner (Appeals) against such order--....

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....4. By this insertion, it is clarified that an intimation under sub-section (1) or sub-section (1B) of section 143 is also treated to be an order appealable under section 246. In our view, this insertion has been made, although with effect from June 1, 1994, to clarify the position and cleared the doubt. The assessment year is 1990-91 but the fact remains that certain adjustments were made as a res....