PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. SHRI MAHENDRA KUMAR PERIWAL
In the result, these appeals are allowed and the substantial
ITAT/136/2021HC Calcutta14 Jun 2022
Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
254 (1) and Section 255 (6) of
the Act clearly shows the power exercisable by the Tribunal and they are
akin and equal to that of the power exercisable by the assessing authority
and in the case on hand the tribunal ought to have exercised such power
and or its failure renders the order as perverse. For the same proposition