9911796707
TMI Blog2014 (1) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER This appeal by the revenue under section 260-A of the Income Tax Act, 1961 arises from a judgement and order of the Income Tax Appellate Tribunal, Lucknow Bench dated 15 July 2003. The appeal pertains to Assessment Year 1994-95. 2. Three questions of law have been framed by the revenue which are as follows: "A. Whether in view of the facts and in the circumstances of the case the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of the Assessing Officer had not made any addition under section 68 in the assessment order and consequently no adjudication was done by the Commissioner of Income Tax (Appeals) on this issue and, therefore, the Commissioner of Income Tax (Central) could not have exercised his powers under section 263 of the Income Tax Act, 1961 on this issue." 3. Briefly stated, the facts are that an ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s well as the order of the Commissioner dated 22 March 1999. In his order dated 22 March 1999, the Commissioner had directed reconsideration of the issues of the treatment of deposits and the allowability of interest on deposits. The Assessing Officer in his order dated 29 March 2001 made an addition on account of Cash Credit under section 68 (Deposits), interest on deposits and administrative and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner dated 22 March 1999, a fresh order of assessment was passed on 29 March 2001 against which the appeal of the assessee was allowed on 12 April 2002. Following this the departmental appeal was dismissed by the Tribunal on 12 October 2007. The order of the Tribunal has attained finality. Hence, in any event, the order of the Commissioner under section 263 has been duly worked out and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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