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2002 (7) TMI 49 - HC - Income Tax"Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was right in law in holding that the Commissioner of Income-tax had no jurisdiction to pass an order under section 263 in view of the Karnataka High Court judgment in the case of CIT v. Hindustan Aeronautics Ltd., although the point involved was not the subject-matter of appeal?" - In the present case, admittedly, the items relating to bad debts and deduction under section 80HHC of the Act were not the subject-matter of appeal before the Commissioner of income-tax (Appeals) and, therefore, the Commissioner of Income-tax was wholly within his jurisdiction to consider the same and give appropriate directions in that regard as has been done in the above case. - The question referred to us is therefore answered in the negative, i.e., against the assessee and in favour of the Revenue.
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