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Income Tax - Highlights / Catch Notes

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Filing of writ petition instead of appeal before CIT(A) - ...


High Court dismisses writ petition challenging Commissioner of Income-tax (Appeals) appointment; no approval or cadre creation required.

July 26, 2023

Case Laws     Income Tax     HC

Filing of writ petition instead of appeal before CIT(A) - Petitioner contended that appointed of CIT(A) is not legal and valid - We do not find any such stipulation in the Act of 1961, requiring grant of approval to the appointment of Commissioner of Income-tax (Appeals) by the Appointment Committee of the Cabinet. Even creation of a separate cadre of officers for Commissioner of Income-tax (Appeals) does not appear to be essential or mandatory in the scheme of the Act of 1961. - Writ petition dismissed - HC

 

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