No right of appeal provided under the statute against order passed u/s. 264 of Income Tax Ac t,1961

Brief Facts

Assessee preferred an appeal before the Tribunal against an order passed u/s 264 of the Income Tax Act 1961. The Tribunal passed an order on merits in this appeal overlooking the fact that there is no right of appeal provided under the statute against the order passed u/s. 264 of the Act.

Court’s Order

1. There is no right of appeal provided under the statute against the order passed u/s. 264 of the Act. In fact a party to litigation can move to an appropriate forum only when the statute provides for such a right.

2. As can be noticed from section 253 of the Income-tax Act, 1961 an order passed by the Commissioner of Income Tax (‘CIT’) u/s. 264 of the Act is not appealable before the Appellate Tribunal.

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