2015 (6) TMI 890 - AT - Income Tax

Appeal against order u/s 264 of the Income Tax Act, 1961 - Held that - There is no right of appeal provided under the statute against the order passed u/s. 264 of the Act. In fact a party to litigation can move to an appropriate forum only when the statute provides for such a right. As can be noticed from section 253 of the Income-tax Act, 1961 an order passed by the Commissioner of Income Tax ( CIT ) u/s. 264 of the Act is not appealable before the Appellate Tribunal. There is no statutory right to file an appeal against the order passed u/s. 264 of the Act. - Decided against the assessee.

Summary

The Appellate Tribunal ITAT Mumbai recalled and dismissed an appeal filed by an assessee against an order passed under section 264 of the Income Tax Act, 1961, stating that there is no statutory right to appeal such orders. The Tribunal acknowledged its mistake in entertaining the appeal and rectified it by recalling the order dated 16.01.2015. The appeal was dismissed on 12.06.2015.