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2003 (2) TMI 4 - HC - Income TaxWhether the Tribunal was correct in holding that the Commissioner of Income-tax had no jurisdiction to set aside the order of the Assessing Officer as the issue of investment allowance was adjudicated by the Commissioner of Income-tax (Appeals) prior to the order under section 263? - It is crystal clear that if any aspect is within the scope and ambit of sub-section (2A), there is no limitation. As we have held that the assessment order remains as it is and there was an order passed by the appellate authority also which remained as it is, being undisturbed by the order passed under section 263, the bar of limitation would not come into effect. Hence, we are of the considered view that no question of law arises for calling for statement of the case.
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