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TMI Blog2005 (3) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... - Held that the consequence of the amendment made with retrospective effect is that power under section 263 shall extend and shall be deemed to be extended as if it has not been considered and decided in the appeal. Accordingly, in respect of the items which have not been considered, in appeal, the power of the Commissioner shall be extended to them – Hence we held that the order of the Tribunal c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd sale of vegetable ghee, refined oil, soap and paper. It had filed a return of income finally at Rs. 79,26,250. The assessment was completed under section 143(3) of the Act by the Assessing Officer vide orders dated March 29, 1985, determining the income at Rs. 92,58,170. Feeling aggrieved the respondent preferred an appeal before the Commissioner of Income-tax (Administration), who disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng authority on December 20, 1988. Feeling aggrieved the respondent preferred an appeal before the Tribunal against the decision of the Commissioner of Income-tax (Administration), Meerut. The Tribunal allowed the appeal on the ground that the assessment order having been passed on March 29, 1985, the Commissioner of Income-tax (Administration) could have invoked the jurisdiction under section 263 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of CIT v. Shri Arbuda Mills Ltd. [1998] 231 ITR 50, has held that the consequence of the amendment made with retrospective effect is that power under section 263 shall extend and shall be deemed to be extended as if it has not been considered and decided in the appeal. Accordingly, in respect of the items which have not been considered, in appeal, the power of the Commissioner shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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