2020 (1) TMI 335

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Per : Honourable Mr. Justice J. B. Pardiwala ) 1. This tax appeal under Section260A of the Income Tax Act, 1961 [for short "The Act, 1961"] is at the instance of the revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Rajkot in the ITA 156/RJT/2017, dated 28/05/2019 for the A.Y. 200910. 2. The revenue has proposed the following questions of law: "....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... conducting an inquiry, as he deems necessary pass such order thereon, as circumstances justify, viz. he may direct for passing fresh assessment order; cancel assessment order and direct conducting fresh inquiry. He may pass the assessment order himself. The emphasis is that on examination of record, the Ld. Commissioner should satisfy that order passed by the AO is erroneous and prejudicial to th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er expiry of two years from the end of the financial year in which the orders sought to be revised was passed. Now action under Section 263 has been contemplated in March, 2017. The order passed under section 143(3) r.w.s.147 has already been quashed, no action can be taken against this order, because it is not in existence. In such situation, action could be taken against the assessment order pas....