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- Section 250(5) - Income-tax Act, 1961 CASES REFERRED TO CIT v. Anand Prasad [1981] 128 ITR 388 (Delhi) (para 6), CIT v. Cellulose Products of India Ltd. [1985] 151 ITR 499 (Guj.) (para 6), CIT v. Karamchand Premchand (P.) Ltd. [1969] 74 ITR 254 (Guj.) (para 6) and National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC) (para 6). Sanjeev Sabharwal for the Appellant. JUDGMENT Manmohan, J. - CM No. 3201 of 2010. 2. Allowed, subject to all just exceptions. I.T.A. No. 221 of 2010 3. The present appeal has been filed under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act, 1961") challenging the order dated November 7, 2008 passed by the Income-tax Appellate Tribunal (for brevity "the Tribunal") in I.T.A. No. 2587/Del/2006 for the assessment year 2003-04. 4. By way of present appeal, the following questions of law have been raised : "(i)Whether the Income-tax Appellate Tribunal/Commissioner of Income-tax (Appeals) erred in directing the Assessing Officer (in short "AO") to allow the revised claim of the assessee-company for deduction under section 10B ? (ii)Whether the Income-tax Appellate Tribunal erred in law in treating the revised return filed by the assessee on March 31, 2006 as valid, when the last date for filing of return as per the provisions of section 139(5) March 31, 2005 ? (iii)Whether the Income-tax Appellate Tribunal erred in accepting the change of method of accounting the financial charges from turnover base to capital investment base which has been regularly followed by the assessee ? (iv)Whether the Income-tax Appellate Tribunal erred in law in deleting the addition of Rs. 47,84,365 for infraction of law in paying sales commission on Government purchases under Explanation to section 37(1) of the Income-tax Act, 1961?" 5. Since the first two questions relate to the jurisdiction of the Commissioner of Income-tax (Appeals) (in short, "the Commissioner") to entertain a revised claim of the assessee during appellate proceedings, we are dealing with both the questions simultaneously. 6. In our opinion, the authority of the Commissioner is co-extensive with that of the Assessing Officer. Moreover, section 250(5) of the…

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