TaxTMI 
TaxTMI 
2021 (12) TMI 768
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....ppellant Mr.Abhratosh Majumdar, Adv. Mr. Avra Mazumder, Adv. ...for the respondent ORDER The Court : This appeal has been filed by the Revenue under Section 260A of the Income Tax Act, 1961 challenging the composite order dated 20.12.2019 passed by the Income Tax Appellate Tribunal, "C" Bench, Kolkata in ITA No.712/KOL/2019 for the assessment year 2007-08. The Revenue has raised the following....
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....whether the Commissioner of Income Tax could have exercised his power under Section 263 of the Act and set aside the order passed by the Assessing Officer on 8th December, 2011 under the guise of revising the assessment order dated 29th November, 2012. This aspect of the matter was considered by the Tribunal and the Tribunal has recorded the following findings: "8. ... It is pertinent to note h....
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....ated 08.12.2011 passed under section 143(3) read with section 263 on 08.12.2011 was only increased by him by the amount of surcharge and education cess. The error, if any, in allowing the MAT Credit as alleged by the ld. CIT in his impugned order passed under section 263 thus was there in the order passed by the Assessing Officer under section 143(3) read with section 263 on 08.12.2011 whereby the....
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.... be reckoned from the date of the order passed by the Assessing Officer under Section 143(3)read with Section 263 i.e. 8th December, 2011 and not from the date of the order passed by the Assessing Officer under Section 143(3) read with Section 263 and 251 dated 29th November, 2012. Thus, we find that the Tribunal rightly allowed by the appeal filed by the assessee. Thus, we find that there is n....