(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This Appeal is admitted on the following substantial questions of law:
[1] Whether the Tribunal below committed substantial error of law in cancelling the assessment order passed by the Assessing Officer under Section 144 read with Section 263 of the Income Tax Act, 1961 ["the Act"] on the sole ground that earlier order passed under Section 263 has been set aside by the Tribunal below by totally overlooking the fact that an appeal being Tax Appeal No. 2314 of 2009 at the instance of the Revenue against such order was pending before this Court.
HC-NIC Page 1 of 2 Created On Wed Jun 29 02:29:28 IST 2016 TAXAP/135/2011 2/2 ORDER [2] Whether the Tribunal below committed substantial error of law in cancelling the assessment order passed by the Assessing Officer under Section 144 read with Section 263 of the Income Tax Act, 1961 by not entering into the merit in view of the fact that legality of the original order under Section 263 of the Act is still subject-matter of challenge before this Court in Tax Appeal No. 2314 of 2009."
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-
HC-NIC Page 2 of 2 Created On Wed Jun 29 02:29:28 IST 2016