9911796707
TMI Blog1987 (2) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... ancel the assessments under section 263 of the Income-tax Act, 1961 ? " The assessee is a partnership firm. For the assessment years 1971-72 and 1972-73, assessments were made under section 143(3) of the Incometax Act, 1961 (for short " the Act "), raising the amount of taxability on January 29, 1973. On the assessee's appeal, the Appellate Assistant Commissioner confirmed the assessments. On further appeal, the Tribunal by its order dated June 4, 1974, accepted the book results shown by the assessee except for the contract works done at some particular places and remanded the matter to the Income-tax Officer for fresh assessments after examining the claim of the assessee that these works were done through subcontractors. Pursuant to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with the observations and directions made in his order. The facts of the case relating to the assessment year 1974-75 are similar to those in the case relating to the assessment year 1973-74 as stated above except that there was no earlier assessment order, The assessee filed an appeal against the order of the Commissioner also before the Tribunal. The main point that was canvassed before the Tribunal was that the Commissioner was not justified in assuming the jurisdiction under section 263 of the Act in this case for the first three assessment years inasmuch as the orders of the Income-tax Officer had merged in the orders passed by the Appellate Assistant Commissioner. It is only this part of the order of the Tribunal wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and the original assessment was not confirmed by the said appellate order. Hence, in this year also, there was no operative appellate order. " But, on the petitioner's application, the Tribunal has stated the case and referred the question for opinion of this court. In order to appreciate the submission made by Mr. Pasayat, appearing for the petitioner-assessee, on the basis of the provision contained in section 263(1) of the Act, it is useful to quote the section: " 263(1). The Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that any order Passed therein by the Income-tax Officer is erroneous in so far as it is prejudicial to the interests of the Revenue, he may, after givin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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