2022 (3) TMI 1514 - ITAT JAIPUR

Revision u/s 263 - PCIT power to review that order of the CIT, Appeals.case was converted from “limited scrutiny to complete scrutiny” - Merger of order of AO with CIT - LTCG computation - assessee liability on MAT - HELD THAT:- Case of the assessee was converted to a complete scrutiny from limited scrutiny. In the assessment proceeding the ld. AO touched upon the various aspects issue of capital gain and has made adjustments to the returned income. Against the said order of the assessing officer the assessee has preferred an appeal before the Commissioner of Income Tax, Appeals- 2, Jaipur and the appeal of the assessee was dismissed vide order dated 31.01.2018. Whereas the order in question was passed on 08.03.2019.

Therefore, the order of the Commissioner of Income Tax, Appeals-2 order mergers with the order of the Assessing Officer. The Bombay High Court has also held in the case of Saraf Bandhu Private Limited [1992 (1) TMI 9 - BOMBAY HIGH COURT] that once the original order goes in appeal and the appeal is decided, the original order ceases to exist since it merged in the appellate order and hence the original order cannot be revised under the revisional jurisdiction of the Commissioner u/s 263 of the Act.

Similar view has been taken by the Honourable Calcutta High Court in the case of Oil India Limited [1981 (9) TMI 64 - CALCUTTA HIGH COURT] where in the court held that the order of the ITO having been merged in the order of the AAC on the question of allowability of depreciation, the Commissioner has no jurisdiction to pass an order of revision u/s. 263 of the Act. Appeal of the assessee is allowed.