TMI Blog1999 (6) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... elling the order of the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 ?" The assessee is a limited company. It has filed a return on December 31, 1983, showing total income for the year Rs. 2,89,275 and also claim for deduction under sections 80M and 80VV. After setting off earlier years' unabsorbed loss and depreciation to the tune of Rs. 2,74,135, the net income of Rs. 4,390 has been shown by the assessee. The relevant assessment year is 1982-83 for the accounting period ended on December 31, 1981. After examining the books of account and materials placed before the Assessing Officer, he computed the income of the assessee it Rs. 4,08,404. Against that order, the assessee preferred an appeal before the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been clarified providing that if any item which has not been considered and decided in the appeal by the Commissioner of Income-tax (Appeals) on those matters, the assessment order can be revised. That amendment has been made with effect from June 1, 1988. Therefore, the judgment of this court in the case of General Beopar Co. (P.) Ltd. v. CIT [1987] 167 ITR 86, is no more a good law. He also referred to a decision of the Supreme Court in the case of CIT v. Shri Arbuda Mills Ltd. [1998] 231 ITR 50, wherein the apex court has considered the amended provision of section 263 and held that the power of the Income-tax Commissioner shall extend and shall be deemed always to have extended to such matters not considered and decided in appeal filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " Clause (c) of the Explanation leaves no doubt that the power of the Commissioner under section 263 shall extend and shall be deemed always to have extended to such matters as had not been considered and decided in appeal before the Commissioner of Income-tax (Appeals) or the Appellate Assistant Commissioner. We perused the order of the Commissioner of Income-tax (Appeals) dated December 27, 1985. In the grounds of appeal before the Commissioner of Income-tax (Appeals) as well as the matters considered by the Commissioner of Income-tax (Appeals), the issues regarding service charges and vehicle hire charges amounting to Rs. 6,65,162 and Rs. 18,900 are not figured. The Commissioner of Income-tax (Appeals) has not considered those issues ..... X X X X Extracts X X X X X X X X Extracts X X X X
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