1984 (2) TMI 187 - AT - Income Tax

Summary

Issues:
1. Jurisdiction of the CIT under section 263 regarding the order passed by the ITO.
2. Merger of the order of the ITO with the order of the AAC.
3. Applicability of the decision in the case of Bwarkadas & Co. (P) Ltd. vs. ITO (1982) 1 ITD 303 (Bom) (SB) in determining the jurisdiction under section 263.

Detailed Analysis:
1. The appeal before the Appellate Tribunal ITAT Jaipur involved a challenge by the assessee against the order of the ld. CIT, Rajasthan, Jaipur passed under section 263 for the assessment year 1978-79. The CIT issued a notice under section 263 questioning an investment made by the assessee in constructions and the purchase of an oil tanker. The assessee explained that the investment was accounted for through claimed depreciation. The CIT set aside the ITO's order and directed a fresh assessment, leading to the appeal by the assessee.

2. The main contention revolved around the jurisdiction of the CIT under section 263 concerning the order passed by the ITO and the subsequent order by the AAC. The assessee argued that the order of the ITO had merged with the order of the AAC before the notice under section 263 was issued. The AAC had the power of enhancement and would have addressed the investment issue if necessary. The Tribunal, citing the decision in the case of Bwarkadas & Co. (P) Ltd. vs. ITO, held that the order of the ITO merges with that of the AAC not only on issues dealt with but also on issues the AAC had the power to enhance, even if not specifically addressed.

3. The Tribunal accepted the assessee's argument based on the decision in Bwarkadas & Co. (P) Ltd. case, emphasizing that the AAC should be deemed to have examined issues decided by the ITO in the assessee's favor, even if not explicitly addressed, thus merging the orders. Consequently, the Tribunal concluded that the CIT was not justified in exercising jurisdiction under section 263 as the order of the ITO had merged with that of the AAC. The appeal was allowed in favor of the assessee based on the jurisdictional issue.

In conclusion, the Tribunal's decision focused on the concept of merger of orders between the ITO and the AAC, as well as the application of relevant legal principles to determine the jurisdiction of the CIT under section 263. The case highlights the importance of procedural aspects and the impact of prior orders on subsequent assessments.