Supreme Court of India
Commissioner of Income Tax, Chennai v. Mohammed Meeran Shahul Hameed
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What the Court ordered
In view of the above and for the reasons stated above the question of law framed is answered in favour of the revenue – appell ant and against the assessee – respondent herein and it is held that t he order passed by the learned Commissioner under Section 263 of the Incom e Tax Act was within the period of limitation prescribed under sub-section (2) of Section 263 of the Act.
Judgment, page 7
From the headnote
Income Tax Act, 1961 – s.263 – Revision order passed under – When not barred by period of limitation provided u/s.263(2) – Held: Once it is established that the order u/s.263 was made /passed within the period of two years from the end of the financial year in which the order sought to be revised was passed, such an order is not beyond the period of limitation prescribed u/s.263(2) – Receipt of the order passed u/s. 263 by the assessee has no rel evance for the purpose of calculating the period of limitation provided u/ s.263(2) – On facts, order passed by Commissioner u /s.263 was within the
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