Tax jurisdiction clarified: Original and appellate orders merged, Commissioner lacked authority under section 263. The High Court of Karnataka held that the Commissioner of Income-tax lacked jurisdiction to issue an order under section 263 as the original assessment ...
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Tax jurisdiction clarified: Original and appellate orders merged, Commissioner lacked authority under section 263.
The High Court of Karnataka held that the Commissioner of Income-tax lacked jurisdiction to issue an order under section 263 as the original assessment order had merged with the appellate order. Citing precedent, the court ruled in favor of the assessee, referencing the case of CIT v. Hindustan Aeronautics Ltd. The income-tax reference case was resolved in accordance with this decision.
The High Court of Karnataka ruled in a reference under section 256(1) of the Income-tax Act, 1961 that the Commissioner of Income-tax had no jurisdiction to pass an order under section 263 as the original assessment order had merged with the appellate order. The decision was based on a previous ruling in CIT v. Hindustan Aeronautics Ltd. [1986] 157 ITR 315, favoring the assessee. The income-tax reference case was disposed of accordingly.
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