Revision Order U/s 263
This query is : Resolved
09 August 2010
Can an order passed by AO in pursuance of directions issued by DRP u/s 144C be revised by CIT by invoking revisionary powers u/s 263 if such directions were prejudicial to the interest of the revenue.
10 August 2010
Mr.Karnav,
Any order passed by the assessing Officer in the light of guidelines issued by the Dispute Resolution Panel under section 144C, is not amenable to revision under section 263 \, as it is only to resolve such (any) prejudice either way (of an assessee and the departrment) that the neutral body in the form of Dispute Resolution Panel is constituted. You may also see that an order passed by the assessing Officer in tune with the directions of the Dispute Resolution Panel, is also avaikable for appeal under sectaion 246A of the Act. In view of this, there is no scope for revision of the said order under section 263 of the Act.
Any order passed by the assessing Officer in the light of guidelines issued by the Dispute Resolution Panel under section 144C, is not amenable to revision under section 263 \, as it is only to resolve such (any) prejudice either way (of an assessee and the departrment) that the neutral body in the form of Dispute Resolution Panel is constituted. You may also see that an order passed by the assessing Officer in tune with the directions of the Dispute Resolution Panel, is also avaikable for appeal under sectaion 246A of the Act. In view of this, there is no scope for revision of the said order under section 263 of the Act.
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