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2015 (3) TMI 1066 - AT - Income TaxDisallowance u/s 14A - revision u/s 263 - Held that:- The order of the CIT u/s 263 is subsequent to the order of the CIT (A) on the very same issue. Once a particular matter has been considered and decided in appeal, on the issue of inclusion of processing fee incurred during the year for inclusion of disallowance u/s 14A of the Act the order of A.O has got merged with the order of the CIT (A) and the CIT has no jurisdiction to invoke the provisions of section 263 on the very same issue. Respectfully following the decision of the Hon'ble Bombay High Court in the case of CIT vs. Tejaji Farasram Kharawala (1953 (3) TMI 29 - BOMBAY HIGH COURT), we hold that the jurisdiction assumed u/s 263 of the Act is erroneous on the ground that the order of the AO has merged with the order of the CIT (A) and the CIT has no jurisdiction to revise u/s 263 of the Act.
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