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M/S. The Malabar Industrial Co. Ltd vs Commissioner Of Income-Tax, Kerala ... on 10 February, 2000

Mr. Soparkar has also argued that in view of the decisions of Hon?"ble Supreme Court in the case of Malabar Industries Vs. CIT 243 ITR 83 and G.M. Mittal 263 ITR 245, CIT has no jurisdiction to revise the assessment when A.O. takes one of the possible views. We agree with this contention. We find that view taken by A.O. was correct and hence CIT has no jurisdiction to revise the assessment.
Supreme Court of India Cites 12 - Cited by 2080 - S S Quadri - Full Document

C.I.T vs Kamalini Khatau on 9 May, 1994

"s Family (Remainder Wealth) Trust 108 ITR 555 and in the case of CIT Vs. Kamalini Khatau 209 ITR 101. In this case, revenue assessed Ambica Trust and recovered due taxes including arrear demand through KVSS. Revenue has, therefore, exercised option and assessed income in the case of Ambica Trust. In the order passed by A.O. dt.11.09.00, he has excluded income in the case of beneficiaries which was already assessed in the case of Ambica Trust. We find that the order of A.O. dt.11.09.00 has no infirmity. The same is in accordance with the provisions of I.T. Act. It is neither erroneous nor prejudicial to the interest of revenue. CIT has wrongly revised assessment u/s.263 of I.T. Act which was corrected by the Tribunal.
Supreme Court of India Cites 28 - Cited by 47 - S P Bharucha - Full Document
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