2013 (1) TMI 1079

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.... (a) The order of the learned Commissioner of Income-tax (Central) passed u/s. 263 is erroneous both on facts and in law. (b) The learned CIT (Central) erred in invoking powers u/s. 263 without appreciating the fact that the order proposed to be reviewed is held to be invalid by the CIT(A) vide his order calling for a report after obtaining required approval u/s. 158. (c) Without prejudice to the above ground, the learned CIT (Central) erred in invoking powers u/s. 263 on an order which is passed consequent to order u/s. 263 thereby reviewing an order passed u/s. 263. (d) The learned CIT (Central) failed to appreciate the fact that the issues that are reviewed in his proceedings were considered originally while ma....

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....claration of result. Later the Congress Party with which he was associated got majority in the Assembly Elections and has to form the Government and the person who is to become Chief Minister hailed from the assessee's region and he was busy up to third week of July, 2009 in participation of swearing in ceremony and formation of the Government. Being so, it took little time to present the appeal. After withdrawal of WP from the High Court it also took little time to get certified copy from the High Court and also in filing the present appeal. Whatever the delay caused is on account of pursuing alternative remedy or the assessee's preoccupation in his political activities. The delay was not intentional and the AR prayed to condone the delay.....

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....nt order dated 26.3.2004 was subject matter of revision u/s. 263 of the Act vide order dated 29.3.2006. This revisional order was subject matter of appeal before this Tribunal. The Tribunal vide order dated 30.9.2009 in IT(SS)A No. 39/Hyd/2006 quashed the order passed u/s. 263 of the Act. In the meanwhile the Assessing Officer passed the consequential order to the order passed u/s. 263 of the Act on 29.12.2006. In our opinion, the consequential assessment order dated 29.12.2006 has no legs to stand, this is because this order has emanated from the order passed by the CIT u/s 263 dated 29.3.2006 which was quashed by the Tribunal vide order dated 30.9.2009. Being so, in our opinion, the order of the CIT passed u/s. 263 dated 30.3.2009 revisin....