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Issues Involved:
1. Jurisdiction of the CIT under Section 263 of the IT Act. 2. Validity of the assessment order passed by the ITO under the direction of the IAC under Section 144A of the IT Act. Detailed Analysis: Jurisdiction of the CIT under Section 263 of the IT Act: The primary issue revolves around whether the CIT could assume jurisdiction under Section 263 of the IT Act when the assessment order was passed by the ITO based on directions from the IAC under Section 144A. The assessee contended that once the ITO passed the order in accordance with the IAC's directions, it ceased to be the ITO's order, thus invalidating the CIT's jurisdiction under Section 263. The assessee supported this argument with precedents from the Tribunal (Madras Bench 'C') and the Allahabad High Court. The Tribunal analyzed the facts and relevant case laws, concluding that the CIT could not invoke Section 263 in this scenario. The Tribunal referenced the decision in *V. V. A. Shanmugam vs. Second ITO*, which held that Section 263 applies only to orders passed by the ITO independently, not those influenced by binding directions from the IAC under Section 144A. The Tribunal agreed with this interpretation, emphasizing that the order, although formally passed by the ITO, was substantively influenced by the IAC's directions, thus falling outside the purview of Section 263. Validity of the Assessment Order under Section 144A: The Tribunal also considered whether the assessment order passed by the ITO under the IAC's directions could be reviewed by the CIT. It examined the Allahabad High Court's decision in *Ramlal Kishorelal vs. CIT*, which dealt with the imposition of penalties under Section 271(1)(c) and the role of the IAC. The Tribunal distinguished this case, noting that the IAC's directions in the current case were authorized by law under Section 144A, making them binding on the ITO. Further, the Tribunal referred to the judgment of the Punjab and Haryana High Court in *S. Sewa Singh Gill vs. CIT*, which underscored that directions from a superior authority, if authorized by law, do not invalidate the lower authority's order. The Tribunal concluded that the IAC's directions under Section 144A, being legally binding, rendered the ITO's order non-reviewable under Section 263 by the CIT. The Tribunal also considered the Calcutta High Court's decision in *CIT vs. Christian Mica Industries Ltd.*, where the ITO's proposal to drop penalty proceedings, approved by the IAC, was deemed reviewable under Section 33B (analogous to Section 263). However, the Tribunal found this case inapplicable as the ITO in the present case was directed by the IAC to exclude a specific amount, making the ITO's order fundamentally influenced by the IAC's binding direction. Conclusion: The Tribunal concluded that the CIT lacked jurisdiction under Section 263 to review the ITO's assessment order, which was passed in compliance with the IAC's directions under Section 144A. The order of the CIT was annulled, and the appeal was allowed. The Tribunal did not address other grounds of appeal raised by the assessee, as the primary issue resolved the matter. Result: The appeal was allowed, and the CIT's order was annulled.
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