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TMI Blog2001 (3) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... 54 therein. In the said notice, the Commissioner of Income-tax (Central-11), Calcutta, asked the assessee to show cause as to why the order passed by the Assessing Officer would not be revised under section 263(1) of the Income-tax Act, 1961, for the assessment year 1974-75. Appearing for the petitioner, Dr. Debi Prasad Pal, learned senior counsel, submitted that the assessment order sought to be revised by the Commissioner has been passed under section 143(3) read with section 144B of the said Act of 1961. Under section 144B, if the returned income exceeds Rs. 1,00,000 the matter should be referred by the Assessing Officer to the Inspecting Assistant Commissioner. In case any objection is received on the draft assessment made by the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner under section 144A ; (ii) an order made by the joint Commissioner in exercise of the powers or in the performance of the functions of an Assessing Officer conferred on, or assigned to, him under the orders or directions issued by the Board or by the Chief Commissioner or Director General or Commissioner authorised by the Board in this behalf under section 120 ; (b) 'record' shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Commissioner ; (c) where any order referred to in this sub-section and passed by the Assessing Officer had been the subject-matter of any appeal, filed on or before or after the 1st day of June, 1988, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (SC): I do not find any application of this judgment in the present case. (ii) CIT v. Patel Brothers and Co. Ltd. [19951 215 ITR 165 (SC) : The Explanation inserted in section 37(2A) of the said Act of 1961, was called in question in the said judgment. Sub-section (2A), being a non-obstante clause, provides that no allowance shall be made in the nature of entertainment expenditure expended before September 30, 1967. By incorporation of the said Explanation, the entertainment expenditure provided in sub-section (2A) would include expenditure on provision of hospitality of every kind by the assessee to any outsider but would not include expenditure on food or beverages provided by the assessee to the employees. The apex court, while interp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is sufficient to answer the question which has been referred. The question referred is, therefore, answered in the negative, in favour of the Revenue and against the assessee." (iv) CIT v. Mulchand Bagri [1992] 108 CTR 206 (Cal) : The Division Bench of this court held that the Commissioner of Income-tax is empowered to revise the order passed by the Income-tax Officer in accordance with the direction of the Inspecting Assistant Commissioner and the Commissioner of Income-tax is entitled to revise such an order under section 263 of the said Act of 1961. The Division Bench of this court relied on the decision of the Madhya Pradesh High Court reported in CIT v. Vithal Textiles [1989] 175 ITR 629, wherein the subject Explanation has been hel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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