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2017 (2) TMI 1475 - HC - Income TaxRevision u/s 263 - scope and powers under Section 263 of CIT - No enquiries during the course of the assessment proceedings. In the present case the tribunal found as a fact that the Principle of Mutuality - HELD THAT - The tribunal has examined this aspect in 2016 (6) TMI 370 - ITAT DELHI . The tribunal has also examine case of SHIMLA VERSUS M/S GREENWORLD CORPORATION AND M/S THE GREEN WORLD CORPORATION VERSUS ITO, PARWANOO ANR. 2009 (5) TMI 14 - SUPREME COURT with regard to the scope and powers under Section 263 of the said Act. Also order would be erroneous only when the assessing officer makes no enquiries during the course of the assessment proceedings. In the present case the tribunal found as a fact that the Principle of Mutuality had been examined threadbare by the assessing officer itself and therefore it was not a case where the Commissioner could have exercised jurisdiction under Section 263 of the said Act. In these circumstances, we do not feel that there is any substantial question of law which arises for the consideration, of this Court. The appeal is dismissed.
Issues:
- Condoning delay in filing and re-filing the appeal - Jurisdiction under Section 263 of the Income Tax Act, 1961 - Principle of mutuality in taxation Condoning Delay in Filing and Re-filing the Appeal: The judgment addressed applications for condoning a delay of 9 days in filing and 40 days in re-filing the appeal. The court, after hearing the appellant's counsel, decided to condone the delay, thereby allowing the applications. Jurisdiction under Section 263 of the Income Tax Act, 1961: The appeal under Section 260A of the Income Tax Act, 1961 was against an order passed by the Income Tax Appellate Tribunal related to the assessment year 2010-11. The appeal challenged the Commissioner of Income Tax's order passed under Section 263 of the Act, alleging it was without jurisdiction. The tribunal extensively examined this issue, referring to the Supreme Court decision in CIT vs. Green World Corporation. It was highlighted that an order would be considered erroneous only if the assessing officer did not conduct necessary inquiries during the assessment proceedings. In this case, the tribunal found that the assessing officer had thoroughly examined the "Principle of Mutuality," leading to the conclusion that the Commissioner had no grounds to exercise jurisdiction under Section 263. Consequently, the court dismissed the appeal, stating that no substantial question of law merited consideration. Principle of Mutuality in Taxation: The judgment delved into the concept of the "Principle of Mutuality" concerning taxation. It was emphasized that the assessing officer had already scrutinized this principle, rendering the Commissioner's exercise of jurisdiction under Section 263 unnecessary. The tribunal's detailed examination of this aspect, as reflected in the impugned order, underscored that the assessing officer's thorough review precluded the need for further intervention. This examination, coupled with the reference to the Supreme Court's stance on the scope and powers under Section 263, formed the basis for the court's decision to dismiss the appeal, as no substantial question of law requiring consideration emerged from the case.
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