2000 (12) TMI 93

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... year 1995-96. So far as the assessment year 1991-92 is concerned, the order of the Commissioner is in accordance with the law declared by this court in the case of Reiter Machine Works Ltd. v. CIT [1999] 240 ITR 531, wherein, it has been held that under section 264 of the Act, revisional jurisdiction cannot be exercised if an appeal had been preferred against the order sought to be revised. It was so held having regard to the language of the section which places an embargo on the power of the Commissioner to revise an order "where the order has been made the subject of an appeal to the Commissioner of Income-tax (Appeals) or to the Appellate Tribunal". In this case, admittedly, the assessment order for the assessment year 1991-92 had been .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d for filing a revision arose only after it was found that the amount received by the assessee for the Candouble was required to be treated as capital gain in the year of receipt and, consequently, the accrued interest on which tax had been paid for the earlier years had been wrongly included in those years as his income. The assessee, therefore, claimed that though he had filed an appeal, after having realised the true position in law, he paid the tax on the capital gain, and the appeal was dismissed by order dated July 14, 1999, of which a certified copy was received in early August. Counsel submits that the delay, if any, is required to be computed only from that date, and not earlier. The delay, which the assessee was required to expla .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ten than not, that is the manner in which the two parties perceive their role. The Revenue is not to be regarded as interested in scoring points against the assessee, but only in the just enforcement of the provisions of the Act. The discretion of the authority, therefore, on the facts of this case, was required to be exercised by bearing the aforementioned considerations in mind. The writ petitions are allowed in part, the impugned order for the assessment year 1995-96 is set aside and the matter is remitted back to the Commissioner for fresh consideration in accordance with law, and in the light of the observations made in this order. No costs. Consequently, W.M.Ps. are dismissed.    
Case laws, Decisions, Judgements, Ord .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X