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1 - 10 of 44 (0.63 seconds)Housing & Urban Development Corp. Ltd. ... vs Department Of Income Tax on 9 February, 2016
9. Under the Act different shades of power have been
conferred on different authorities to deal with orders of
assessment passed by the primary authority. While Section
147 confers power on the Assessing Authority itself to
proceed against income escaping assessment, Section 154 of
the Act empowers such authority to correct a mistake
apparent on the face of the record. The power of appeal and
revision is contained in Chapter XX of the Act which includes
Section 263 that confer suomotu power of revision in the
learned CI. T. The different shades of power conferred on
different authorities under the Act has to be exercised within
the areas specifically delineated by the Act and the exercise
of power under one provision cannot trench upon the powers
available under another provision of the Act.In this regard, it
must be specifically noticed that against an order of
14
ITA Nos. 1160,1161,1162,5234/Del/2011
Housing and Urban Development Corporation Ltd. vs. DCIT
assessment, so far as the Revenue is concerned, the power
conferred under the Act is to reopen the concluded
assessment under Section 147 and/or to revise the
assessment order under Section 263 of the Act. The scope of
the power/jurisdiction under the different provisions of the
Act would naturally be different. The power and jurisdiction
of the Revenue to deal with a concluded assessment,
therefore, must be understood in the context of the provisions
of the relevant Sections noticed above. While doing so it must
also be borne in mind that the legislature had not vested in
the Revenue any specific power to question an order of
assessment by means of an appeal.
Section 271 in The Income Tax Act, 1961 [Entire Act]
Section 263 in The Income Tax Act, 1961 [Entire Act]
Section 292B in The Income Tax Act, 1961 [Entire Act]
Section 33B in The Income Tax Act, 1961 [Entire Act]
Section 148 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Shree Raghunath Cotton Ginning And Oil ... on 26 October, 2004
This aspect of the provisions of Section 292B was
not brought to the notice of the Hon'ble bench of the
Karnataka High Court while rendering the judgment in the
case of Manjunatha Cotton{Supra), or else the out come
would have been different.