1989 (5) TMI 36

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....IPOORNAN J. -This reference is at the instance of the Revenue. The respondent is an assessee to income-tax. For the assessment year 1973-74, the order of assessment was originally passed on June 10, 1976. The Income-tax Officer later realised that some mistake had crept in the assessment order. He initiated proceedings to rectify the order of assessment under section 154 of the Act. The respondent....

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....tion order under section 154 of the Act. Thereafter, at the instance of the Revenue, the Appellate Tribunal has referred the following two questions of law for the decision of this court: " ( 1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the consent by, the assessee will not confer jurisdiction on the Income-tax Officer to pass rectificati....

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....This position cannot be and was not seriously disputed at the Bar at the time of hearing. On this basis, we hold that the order passed by the Income-tax Officer will stand and that the Appellate Tribunal was in error in affirming the decision of the Commissioner of Income-tax. (Appeals) which interfered with the said order of the Income-tax Officer regarding the allocation of overhead charges. We ....