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Issues involved: The jurisdiction of the Commissioner of Income Tax (CIT) under section 263 of the Income Tax Act, 1961 regarding the assessment order for the assessment year 1977-78.
Summary: The CIT invoked section 263 as he found the assessment order by the Income Tax Officer (ITO) to be erroneous and prejudicial to revenue, specifically related to the calculation of head office expenses under section 44C. The CIT set aside the assessment order and directed a reassessment. The assessee challenged this action, arguing that the CIT had no jurisdiction under section 263 as the matter had been raised in previous appeals. The Tribunal, considering precedents and the specific issue of section 44C, concluded that the CIT had exceeded his jurisdiction under section 263 and quashed the order. The Tribunal emphasized that the issue of section 44C had been thoroughly examined by the ITO, CIT(A), and Tribunal previously. Referring to a specific case law, the Tribunal held that the CIT lost jurisdiction under section 263 due to the appellate order's merger, thus the order could not be revised. The Tribunal found that the CIT's action was unwarranted in this case and ruled in favor of the assessee, quashing the order under section 263. A Division Bench decision in a similar case established that section 44C did not apply to an assessee not conducting business outside India, aligning with the present case's circumstances. Consequently, the reference question was answered affirmatively in favor of the assessee, with no costs awarded. *Separate Judgment by Shyamal Kumar Sen, J.:* The second judge concurred with the decision.
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