Validity of assessement u/s 143(3) of I Tax Act,1961
Sudhir Indapurkar
(Querist) 23 November 2009
This query is : Resolved
Remedy open to assessee after completion of assessement is either to file Appeal with CIT Appeals or file Revision pettition with Commissioner of Income Tax.In one of the cases Assessement order u/s 143(3) r.w.s.153C has been passed with specific approval of Commissioner of Income tax.Is it proper? Can assessee go for revision against such assessement order?
G V S Jagannadha Rao
(Expert) 23 November 2009
I guess you would get better advice from Chartered Accountants.
Post it in this site:
http://www.caclubindia.com
A V Vishal
(Expert) 23 November 2009
Mr GVS
The querist himself a Practising CA
Raj Kumar Makkad
(Expert) 23 November 2009
assessee can go for the revision in the given case.
Vineet
(Expert) 23 November 2009
Under the present Income Tax Act, the AO has to pass assessment order with independant and unbiased application of mind unless there is specific provision allowing/ mandating approval or directions from superior authorities. In any ccase there is no provision for directions or approval from CIT in assessment proceedings, hence any exrcise of administrative control by CIT cannot partake character of legal approval and if is proved in appeal that the AO has taken certain decision under influence of such directions, the order can very well be struck down.
A revision application u/s 264 in this search assessment case very well be filed as the CIT has no legal locus standi in the assessment order. However, as you his stand on the issue, why to take chance. It is better to file appeal and take additional ground of illegal interference by CIT.
Sudhir Indapurkar
(Querist) 24 November 2009
Thanks Mr.Vineet.I have already filed Appeal.I will take additional ground of illegal interference by CIT.
