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2009 (4) TMI 406 - HC - Income TaxRevision- A search was conducted in the assessee’s group and a block assessment was passed with additions against the assessee. The Commissioner (Appeals) allowed the appeal of the assessee in part. The assessee and the department preferred appeals which were pending disposal before the Tribunal. Meanwhile, the Commissioner u/s 263 of the income tax revised the order of Assessing Officer. The Tribunal held that action of the Commissioner was not justified. Held that- the Tribunal had adverted to the factual position in a detailed manner, had appreciated those issues that had been taken by the Commissioner while exercising jurisdiction under section 263 and held that the facets had been dealt with by the Commissioner (Appeals) and, therefore, by virtue of clause (c) of section 263(1) the Commissioner was not competent to assume jurisdiction and direct reassessment. The order of Tribunal was justified.
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