TMI Blog2002 (11) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... lar No. 176 dated August 26, 1987, of the Central Board of Direct Taxes?" - Accordingly, we answer the question in the negative, in favour of the Revenue and against the assessee. The result is the Tribunal has to go into the question of merits of the case and decide the question as regards the merits of the claim of the assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... )) that the order passed by the Income-tax Officer in the summary assessment can be revised under section 263 of the Act, as section 263 is widely worded to encompass any order passed by the Assessing Officer including the summary assessment order. We also found that there are no limiting words found in section 263 of the Act to exclude the exercise of the power of the Commissioner in the case whe ..... X X X X Extracts X X X X X X X X Extracts X X X X .....
Accordingly, we answer the question in the negative, in favour of the Revenue and against the assessee. The result is the Tribunal has to go into the question of merits of the case and decide the question as regards the merits of the claim of the assessee. The question is answered accordingly. However, in the circumstances, there will be no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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