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2017 (8) TMI 40 - HC - Income TaxExemption from applicability of provisions of Section 115JB - Held that:- It is a matter of record that assessment order was passed by the Assessing Officer. The same was taken up in appeal before the Commissioner and thereafter before the Tribunal. The Tribunal under its order dated 22nd October 2009 remitted the matter to the Assessing Officer with the limited directions to the Assessing Officer to exclude profit on sale of investments from income of the assessee liable to be taxed. Save and except the above, no further directions were given by the Tribunal empowering the Assessing Officer to reopen the whole assessment. In the earlier assessment order, the Assessing Officer had never raised up any issue with regard to Section 115JB nor the same was the subject matter in issue in appeal before the Commissioner or before the Tribunal, nor the order of remand empowered the Assessing Officer to do so. It was not open for the Assessing Officer to travel beyond the directions of the Appellate authority. The Assessing Officer, as such, exceeded his jurisdiction, while considering the issue under Section 115JB. No substantial question of law
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