2007 (9) TMI 429

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....pinion :   "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal erred in holding that the Commissioner had no jurisdiction under section 263 to revise the order made by the IAC (Asstt.) taking into consideration that both the orders that is of the IAC and of the Commissioner under section 263 were made before the insertion of the Explanation to sec....

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....order passed by the Income-tax Officer shall include-   (a) an order of assessment made on the basis of directions issued by the Inspecting Assistant Commissioner under section 144A or section 144B ; and   (b) an order made by the Inspecting Assistant Commissioner in exercise of the powers or in performance of the functions of an Income-tax Officer conferred on, or assigned to, him....

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....ade the amendment operative from 1st June, 1988. The Explanation inserted by the Finance Act, 1989, reads as under :   "Explanation.- For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,- . . .   (c) where any order referred to in this sub-section and passed by the Assessing Officer had been the subject-matter of any appeal filed on or before....