Search Results For: 253(1)


Employees’ Provident Fund Organization vs. ACIT (ITAT Delhi)

COURT:
CORAM: ,
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: April 10, 2015 (Date of pronouncement)
DATE: April 13, 2015 (Date of publication)
AY: 2011-12 to 2013-14
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CITATION:
S. 253(1)(a): An appeal can be filed before the Tribunal against an order of the CIT(A) rejecting the stay application

The term ‘order’ has not been defined under the Act. It is judicially understood that the word ‘order’ is a noun and has been held equivalent to or synonymous with the word ‘decision’. Therefore, having held that the CIT(A) has passed the order u/s 250 of the Act, in our considered opinion, the appeal is clearly maintainable under clause (a) of sub-section (1) of Section 253 of the Act

Raibareilly District Co-operative Bank Ltd vs. DIT (ITAT Lucknow)

COURT:
CORAM: ,
SECTION(S): ,
GENRE:
CATCH WORDS: ,
COUNSEL:
DATE: January 16, 2015 (Date of pronouncement)
DATE: January 19, 2015 (Date of publication)
AY: 2012-13
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CITATION:
S. 271FA: As DIT is of the same rank as the CIT(A), an appeal against the DIT's order can only be filed before the ITAT even though s. 253(1) does not refer to s. 271FA

Though there is no specific reference of the order passed under section 271FA of the Act by the Director of Income-tax in section 253(1) of the Act for the purpose of filing an appeal against the said order, but an analogy drawn from the reading of section 253(1) of the Act is that the order passed by the Commissioners of Income-tax or an Officer who is equal in rank can only be challenged before the Tribunal, which is higher in rank

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