2002 (8) TMI 44 - HC - Income Tax

The only question that falls for consideration in the reference is whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the Commissioner of Income-tax had no jurisdiction under section 263 of the Income-tax Act, 1961, to revise the assessment for the year 1980-81. - We have perused the appellate order which was produced before us and even a cursory glance at the same suggests that the issues regarding the allow able deduction under sections 35B, 80J and 80HH have been thoroughly checked by the Commissioner of Income-tax (Appeals) and the findings have been given thereupon. It is clear from the express language of section 263 that issues on which the appellate authority had already deliberated the matter could not be reopened by way of revision. - we answer the question against the Revenue and in favour of the assessee.

Summary

The High Court of Madras ruled that the Commissioner of Income-tax had no jurisdiction to revise the assessment for the year 1980-81 under section 263 of the Income-tax Act. The Appellate Tribunal set aside the Commissioner's revisional order as the issues had already been considered in an appeal. The court found in favor of the assessee based on previous judgments and no costs were awarded.