1988 (8) TMI 81

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....f the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Commissioner of Income-tax had no jurisdiction to revise under section 263 of the Income-tax Act....

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.... directed the Income-tax Officer to delete the proposed addition. In compliance with the directions given by the Inspecting Assistant Commissioner, the Income-tax Officer completed the assessment. Thereafter, the Commissioner of Income-tax initiated proceedings under section 263 of the Act and after hearing the assessee, the Commissioner came to the conclusion that the order of assessment passed b....

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.... Aggrieved by the order passed by the Tribunal, the Revenue sought reference and it is at the instance of the Revenue that the aforesaid question of law has been referred to this court for its opinion. The question which has been referred by the Tribunal in the instant case is also the subject-matter of reference in M.C.C. No. 38 of 1986 (CIT v. Vithal Textiles [1989] 175 ITR 629 (MP)). By our or....