9911796707
TMI Blog2005 (1) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... e item namely-extra shift allowance on transformers. - Then Commissioner in exercise of powers conferred under section 263 set aside the original order of assessment passed by the Assessing Officer on March 13, 1987 - Once the original order stands rectified then it loses its identity at least to the extent it stood rectified. In such circumstances, the Commissioner should have invoked his suo mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated June 5, 1992, in I.T.A. No. 550/Ind of 1989 to answer the following question of law: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the order passed by the Commissioner of Income-tax under section 263 was without jurisdiction?" The facts in brief as mentioned in the statement of case drawn by the Tribunal need mention infra. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax giving rise to this reference at the instance of the Commissioner on the question framed supra. Heard Shri R. L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the Revenue. Having heard learned counsel for the parties and having perused the record of the case, we answer the reference against the Revenue and in favour of the assessee. It is not in dispute tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. In such circumstances, the Commissioner should have invoked his suo motu powers under section 263 of the Act against the subsequent rectified order dated March 14, 1989, if he was of the view that the same is erroneous and prejudicial to the interests of the Revenue. We are, therefore, of the view that the Tribunal made no mistake in coming to the conclusion that the order of the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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