2003 (7) TMI 720

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nd in the circumstances of the case, the CIT could assume jurisdiction under section 263 of the Income-tax Act, 1961?" There is no dispute at the Bar as Shri Mahajan as well as Shri Gulati, agree to the extent that the Commissioner of Income-tax while exercising his power under section 263 of the Income-tax Act, 1961 could pass the order taking into account the issues not raised in the appea .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eemed always to have extended to such matters as had not been considered and decided in such appeal. The consequence of the amendment made with retrospective effect is that the powers under section 263 of the Commissioner shall extend and shall be deemed always to have extended to such matters as had not been considered and decided in an appeal. 3. Similar view has been reiterated in CIT v. Jayku .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X