HIGH COURT OF
Commissioner of Income-tax
v.
Bindal Apparels
Madan B. Lokur and Dr. S. Muralidhar, JJ.
IT Appeal No. 1706 of 2006
August 24, 2007
Section 2(7A) of the Income-tax Act, 1961 - Assessing Officer -
Assessment year 1999-2000 - Tribunal quashed assessment made by Additional
Commissioner holding that Additional Commissioner as per definition in section
2(7A) could not be an Authority to perform or exercise all or any of powers and
functions of an Assessing Officer to make an assessment of income - Whether in
view of amendment to section 2(7A) by Finance Act, 2007 with retrospective
effect from 1-6-1994, Tribunal was not justified in its action and was to be
directed to hear matter afresh on merits - Held, yes
The Tribunal quashed assessment made by Additional Commissioner holding that in view of absence of the Income-tax Authority, i.e., ‘Additional Commissioner’ in the definition contained in section 2(7A), an Additional Commissioner could not be an authority to exercise or perform all or any of the powers and functions of an Assessing Officer to make an assessment of income.
On revenue’s appeal:
Section 2(7A) has been amended with retrospective effect from
1-6-1994 by the Finance Act, 2007. [
The result of that amendment would necessitate the matter being heard
afresh by the Tribunal since it had not dealt with merit of the case. [