2004 (9) TMI 703

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..... 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act' for opinion to this Court. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the order of the Commissioner of Income- tax passed under section 263 of the Act treating it as without jurisdiction? The reference relates to the assessment year 1978-79. The assessmen .....

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..... he case of J.K. Synthetics Ltd. v. Addl. CIT [1976] 105 ITR 344 quashed the order passed under section 263 of the Act on the ground that the assessment order has got merged in the appellate order, therefore, the assessment order could not have been revised under section 263 of the Act. Heard Sri A.N. Mahajan, learned Standing Counsel appearing for the Revenue. Nobody has appeared for the assessee .....

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..... resaid three items, the powers of the Commissioner under section 263 shall extend and shall be deemed always to have extended to them because the same had not been considered and decided in the appeal filed by the assessee. This is sufficient to answer the question which has been referred." (p. 52) Thus, the Commissioner was well within his jurisdiction under section 263 of the Act in cancel .....

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