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2016 (5) TMI 934 - AT - Income TaxRevision u/s 263 - Disallowance u/s 14A and 36(1)(iii) - Held that:- The issues of sections 14A and 36(1)(iii) of the Act were open before the Assessing Officer, who after due verification preferred to make certain disallowances under these sections. Once the disallowances under respective sections have been made, we can safely presume that the provisions of these sections in whole were there before the Assessing Officer i.e. he was seized of all the issues involved in these respective provisions. The learned CIT (Appeals) have the powers of wide amplitude, co-terminus powers with that of the Assessing Officer as well as the power of enhancement. Since these issues were before him also, we cannot say that one of the aspects related to both these issues were not open before him. What has been referred in the Explanation-1 to section 263(1) of the Act is the term "matter". The issues relating to sections 14A and 36(1)(iii) of the Act in its entirety consists of "matters". However, there may be many aspects of a "matter". We cannot say that the issues of sections 14A and 36(1)(iii) of the Act were not the "matters" before the CIT (Appeals). Though we can say that one of the aspects related to these "matters" were not there before the Assessing Officer or the CIT (Appeals). In this view, we do not hesitate to hold that the disallowances under sections 14A and 36(1)(iii) of the Act were the "matters" before the CIT (Appeals). Therefore, the same does not come under the jurisdiction of the Commissioner of Income Tax in provisions of section 263 of the Act. - Decided in favour of assessee
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