Law: Income Tax Act, 1922

Section: 33,66,34A,5,66(1)

(a) Income-tax Act (XI of 1922)---Ss. 33 & 66-Appellate Tribunal-Jurisdiction of-Objection neither raised before lower appellate authority nor in grounds of appeal before Tribunal-Such objection going to root of case, allowed by Tribunal to be raised before it in interest of justice-Tribunal, held, exercised discretion vested in it as appellate authority-High Court cannot, in reference proceedings, sit in appeal over discretion lawfully exercised by Tribunal. [p. 551]A (b) Income-tax Act (XI of 1922)- -- S. 34-A-Revisional powers of Inspecting Assistant Commissioner­ Extent. Subject to the limitations contained in section 34-A of the Act, the power of revision conferred on the Inspecting Assistant Commissioner is very wide. He may revise orders both on points of law and facts. The revisional jurisdiction thus vested in him is one of superintendence and correction. One of the main functions of the Inspecting Assistant Commis­sioner for which he is appointed is to detect tax evasions. Under this section the Inspecting Assistant Commissioner may call for and examine the record of "any proceedings" under this Act and if he considers that "any order" passed therein by the Income-tax Officer is "erroneous in so far as it is prejudicial to the interests of the revenue", he may, after giving the assessee an opportunity of being heard and after making, or causing to be made, such enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify. In doing so he may enhance or modify the assessment or cancel the assessment made by the Income-tax Officer and direct him to make a fresh assessment. But under subsection (2) of this section be cannot interfere in revision after a period of four years from the date of the order under revision. To sum up the-only restrictions imposed on his revisional jurisdiction under this section are that he cannot interfere (a) unless he considers that the order passed by the Income-tax Officer is erroneous in so far as it is prejudicial to the interest of the revenue ; (b) without affording the assessee reasonable opportunity of being heard; and (c) after the expiry of four years of the date of the order…

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