1991 (8) TMI 74

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Income-tax Act, 1961, at the instance of the Revenue. The statement of facts has been made on the following two questions for answer : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the order of assessment being covered by the directions given by the Inspecting Assistant Commissioner could not be revised by the Commissioner under sect....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appeal lies to the Commissioner of Income-tax (Appeals) who is the first appellate authority. After the order of assessment was made under section 144B, the assessee preferred an appeal to the first appellate authority who allowed the appeal in part. Thereafter, the Commissioner of Income-tax exercised his power under section 263(1) of the Act revising the order of the Income-tax Officer. An a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....thereon as the circumstances of the case justify . . . " Mr. Amal Ray, learned standing counsel for the Department, submitted on behalf of the Revenue that the order of the Income-tax Officer can always be revised and, therefore, the Commissioner was justified in revising the same in exercise of his power under section 263(1) of the Act. Mr. A. Patnaik, learned counsel for the assessee, on the ....