India - Income Tax Act 2010 - Saarc

1.867 CH. XX - APPEALS AND REVISION - REVISION BY COMMISSIONER S. 263D.—Appeals to the Supreme CourtAppeal to Supreme Court.261. An appeal shall lie to the Supreme Court from any judgment of the HighCourt delivered 70 [before the establishment of the National Tax Tribunal]on a reference made under section 256 71 [against an order made under section254 before the 1st day of October, 1998 or an appeal made to High Court inrespect of an order passed under section 254 on or after that date] in any casewhich the High Court certifies to be a fit one for appeal to the Supreme Court.Hearing before Supreme Court.262. (1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relatingto appeals to the Supreme Court shall, so far as may be, apply in the caseof appeals under section 261 as they apply in the case of appeals from decreesof a High Court :Provided that nothing in this section shall be deemed to affect the provisions ofsub-section (1) of section 260 or section 265.(2) The costs of the appeal shall be in the discretion of the Supreme Court.(3) Where the judgment of the High Court is varied or reversed in the appeal,effect shall be given to the order of the Supreme Court in the manner providedin section 260 in the case of a judgment of the High Court.E.—Revision by the CommissionerRevision of orders prejudicial to revenue.263. (1) The Commissioner may call for and examine the record 72 of anyproceeding under this Act, and if he considers that any order passed thereinby the 73 [Assessing] Officer is erroneous in so far 72 as it is prejudicial to theinterests of the revenue 72 , he may, after giving the assessee an opportunity ofbeing heard and after making or causing to be made such inquiry as he deemsnecessary, pass such order thereon as the circumstances of the case justify,including an order enhancing or modifying the assessment, or cancelling theassessment 72 and directing a fresh assessment.74[Explanation.—For the removal of doubts, it is hereby declared that, for thepurposes of this sub-section,—(a) an order passed 75 [on or before or after the 1st day of June, 1988] bythe Assessing Officer shall include—70. Shall be inserted by the National Tax Tribunal Act, 2005, with effect from a date yet to benotified.71. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.72. For the meaning of the terms and expressions “record”, “insofar as”, “prejudicial to theinterests of the revenue” and “assessment”, see Taxmann’s Direct Taxes Manual, Vol. 3.73. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.74. Substituted by the Finance Act, 1988, w.e.f. 1-6-1988. Prior to its substitution, Explanationwas inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and amendedby the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.75. Inserted by the Finance Act, 1989, w.r.e.f. 1-6-1988.