THE COMMISSIONER OF INCOME TAX vs. SRI METTAM PENCHALA NAIDU
ITTA/59/2010HC Telangana18 Sept 2018
Bench: This Court That The 1St Assessment Order Of The Ito Was Passed On 28.03.1988, Which Was Challenged Before The Leaned Cit (A) & The Same Was Dismissed On 28.11.1988. Against The Said Order, The Assessee Filed An Appeal Before The Itat, Cuttack Bench, Cuttack, Which Was Dismissed On 19.01.1990. Thereafter, By Order Dated 13.12.1990 Passed In A Misc. Application, The Order Dated 19.01.1990 Was Recalled & The Matter Was Heard Afresh. Again On 10.05.1991, Learned Tribunal Decided The Matter & Allowed The Exemption To The Assessee. The Revenue Filed Writ Petition Before This Court Challenging The Rectification Order Dated 13.12.1990. This Court On 02.12.1991 Allowed The Writ Petition & Quashed The Recalling Order Dated 13.12.1990 As Well As Its Substantive Order Dated
Section 254(2)
64 of 2010
-2-
10.05.1991. For ready reference, the said order dated
02.12.1991 of this Court passed in OJC No.2953 of 1991 is
quoted hereunder:
“The CIT, Orissa, in this writ application,
questions legality of the order passed by the
Income-tax Appellate Tribunal, Cuttack Bench
(in short 'the Tribunal'), in purported exercise
of the powers under