Discuss the provisions of law relating to Appeals and Revisions

1. Appeals and Revision

Section 246A to 254 of the Income Tax Act, 1961: Appeals Sections 263, 264 of the Income Tax Act, 1961 : Revision.

This problem is related to the Appeals and Revision. The primary remedies available to an assessee on completion of the assessment are:

Section 246 A to 254: A) Appeals and B) Revision.

All these remedies work in different areas. The remedies are not alternative to each other. The procedures governing these remedial provisions are;

A) First Appeal may be filed by the taxpayer to the Commissioner of Appeals against the order of the Assessing Officer.

B) Second Appeal may be filed by the taxpayer or by the Commissioner of Income Tax to the Income Tax Appellate Tribunal against the order of the CIT (A).

C) Appeal to the High Court may be filed by the taxpayer or Commissioner of Income Tax on substantial question of law arising out of Appellate Tribunal order and

D) Appeal to Supreme Court may be filed by the taxpayer or Commissioner of Income Tax gainst the judgment of High Court.

Revision: Section 264: The Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by the Assessing Officer is erroneous. He may, after giving the assessee an opportunity of being heard. The commissioner making or causing to be made such inquiry as he deems necessary, pass such order thereon, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment.

CIT Vs. Garware Nylons Ltd., 212-ITR-242 Bom, the proceedings of appeal conducted strictly as per the Statutory provisions made in this regard. The powers, rights and duties of the CIT (A) as well as the assessee while dealing with the appeals as follows.

Conclusion:

In the instant problem, Section 246A to 254,263 and 264 of the Income Tax Act, 1961 provides provisions for the Appeals and Revision.