810/CBDT.

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....ion to rectify the mistake under section 263 within two years of the assessment but he could not do so as in the meanwhile the Appellate Assistant Commissioner had decided an appeal. According to the Ministry the legal position based on a Supreme Court decision in 1958 is that the Commissioner cannot exercise the power under section 263 once the Appellate Assistant Commissioner gives a decision. F....

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.... of law, Justice and Company Affairs. On a careful consideration of certain pronouncements made by the Supreme Court and some of the High Courts on the doctrine of merger, the Ministry of law are of the considered view that points which have been dealt with in the order of the Income-tax Officer but have not been covered by the order of the Appellate Assistant Commissioner, either expressly or imp....