Case Law Details
Brief of the Case
ITAT Mumbai held in the case DCIT vs. M/s. ACC Ltd. held that AO is duty bound to follow instruction of The CIT (A) being very senior officer of the Department who also also performs quasi judicial functions. The AO has all the rights to challenge the order of the CIT (A) before the appropriate judicial forum, but he is not authorized to disobey the directions given by the CIT (A). Judicial proprietary and departmental hierarchy demands that the AOs and their supervisory officers give due respect to the orders of the CIT (A). Considering the above facts, ITAT held that the appeal filed by the AO is devoid of any merit and he has taken undue advantage of the judicial process.
Facts of the Case
ITA NO./3787/Mum/2009
The Assessee engaged in the business of manufacturing and sale of cement. He filed its return of income on 31.10.2002,declaring its income at Rs.(-)99.48Crores.The AO finalized the assessment on u/s.143(3) on determining its income at Rs.(-)8,11,61,032/- under the normal provisions and at Rs.2,95,81,62,995/-under the provisions of section 115JB.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
