The HC dismissed the necessity of adjudicating discrete...

The HC dismissed the necessity of adjudicating discrete questions on invocation of s.263 and the effect of the proviso to s.2(15), noting the ITAT had already addressed the Appellant's grievance in an appeal against the original assessment and directed re-assessment by the AO in light of the proviso. The HC held that further determination would be futile because any favourable finding would only require the AO to re-do the assessment, a course already mandated by the ITAT. The HC therefore declined to exercise its powers to revisit whether subjective satisfaction under s.263 was established, leaving the directed re-assessment to be effected by the AO.