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2002 (7) TMI 48 - GUJARAT HIGH COURT"Whether the Tribunal is right in law in setting aside the order made by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961?" - we are of the view that there is nothing in the provisions of the Income-tax Act, 1961, particularly section 263 of the Act, or in the aforesaid pronouncement of the apex court which would require us to accept the narrow view which appealed to the Tribunal that the record must be of the assessee concerned and that the Commissioner had no power, jurisdiction and authority to take action under section 263 of the Act, in the case of the assessee on the basis of the records in the cases of other persons. - Our answer to the question is, accordingly, in the negative, i.e., in favour of the Revenue and against the assessee.
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