1989 (5) TMI 36

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.... 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-assessee, in writing dated Novem....

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....he 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 rectification order under section 154 of the I....

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....eriously 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 hold accordingly but decline to answe....