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of <h1>High Court rules against Commissioner invoking section 263 post-assessment</h1> <h3>CIT Versus M.A. Unneerikutty</h3> CIT Versus M.A. Unneerikutty - [1992] 194 ITR 546, 98 CTR 207 The High Court of Kerala held that the Commissioner of Income-tax was not justified in invoking powers under section 263 of the Income-tax Act for assessment year 1975-76 based on materials not available at the time of assessment. The Appellate Tribunal's decision was supported by a ruling from the Calcutta High Court. The Tribunal was not required to consider a provision inserted in 1988, and thus, the Commissioner did not have the authority to rely on post-assessment materials. The judgment favored the assessees.
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