1989 (5) TMI 36

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..... assessee to income-tax. For the assessment year 1973-74, the order of assessment was originally passed on June 10, 1976. The Income-tax Officer later realised that some mistake had crept in the assessment order. He initiated proceedings to rectify the order of assessment under section 154 of the Act. The respondent-assessee, in writing dated November 9, 1979, agreed to the rectification. The asses .....

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..... the Appellate Tribunal has referred the following two questions of law for the decision of this court: " ( 1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the consent by, the assessee will not confer jurisdiction on the Income-tax Officer to pass rectification order under section 154 of the Income-tax Act, 1961 ? (2) Whether, on the facts .....

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..... ng. On this basis, we hold that the order passed by the Income-tax Officer will stand and that the Appellate Tribunal was in error in affirming the decision of the Commissioner of Income-tax. (Appeals) which interfered with the said order of the Income-tax Officer regarding the allocation of overhead charges. We hold accordingly but decline to answer the questions-in the form formulated by the App .....

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