1996 (1) TMI 11 - SC - Income Tax

Whether on the facts and in the circumstances of the case the order of assessment passed by the Income-tax Officer under section 143(3) read with section 144B on July 31 1978 had merged with that of the Commissioner (Appeals) dated December 15 1979 in respect of the three items in dispute so as to exclude the jurisdiction of the Commissioner of Income-tax under section 263 - question referred is therefore answered in the negative in favour of the Revenue

Summary

The Supreme Court ruled on a case involving the merger of assessment orders under the Income-tax Act. The Court held that the Commissioner's powers under section 263 extend to matters not considered in an appeal, even with retrospective effect from June 1, 1988. As a result, the Commissioner had jurisdiction over the disputed items in the case, ruling in favor of the Revenue and against the assessee.