2026 (7) TMI 1653

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....: Kushagra Dikshit, Amar Mani Tiwari, Neerav Chitravanshi For the Respondent(s) : Harsh Vardhan ORDER 1. This is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") against the judgment and order dated November 20, 2025 passed by the learned Income Tax Appellate Tribunal, Lucknow Bench 'B', Lucknow. 2. A preliminary ground has been ....

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....of the revenue. On the above ground, the Principal Commissioner of Income Tax-2, Lucknow had ordered for a fresh assessment to be carried out by the Assessing Officer. The Tribunal, while considering the appeal filed by the assessee, held that since an appeal has been filed before the learned CIT (Appeal), the entire proceedings were in appeal before the CIT (Appeal) and the revisionary powers und....

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....s. CIT reported in [2000] 109 Taxman 151/242 ITR 659 (SC)], has held that the revisionary powers under Section 263 of the Act, 1961 can be exercised even though an appeal is pending before the CIT (Appeals). 5. We have heard learned counsel appearing on behalf of the parties and perused the materials on record. 6. The preliminary issue raised by the respondent is required to be looked into b....