2002 (7) TMI 49

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....BHARUKA J.-The Income-tax Appellate Tribunal, Bangalore Bench, has referred the following question of law for an answer by this court as required under section 256(1) of the Income-tax Act, 1961 (in short, "the Act"): "Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was right in law in holding that the Commissioner of Income-tax had no jurisdiction ....

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....expenditure"; non-allowance of depreciation and investment allowance, as also the deduction under section 80J, went in appeal to the Commissioner of Income-tax (Appeals), who by his order dated August 20, 1987 (annexure B), remanded the matter for re-examination. Subsequent to the passing of the above order by the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax having found....

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....n view of the law laid down by a Full Bench of this court in the case of CIT v. Hindustan Aeronautics Ltd. [1986] 157 ITR 315, wherein it was held that: "The Appellate Assistant Commissioner can look into and adjudicate upon findings recorded by the Income-tax Officer not only against the assessee which may expressly be the subject-matter of an appeal but also upon a matter which has been consi....

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....ioner under this sub-section shall extend and shall be deemed always to have extended to such matters as had not been considered and decided in such appeal." A three-judge Bench of the Supreme Court in the case of CIT v. Shri Arbuda Mills Ltd. [1998] 231 ITR 50, after taking into account the above amendment to section 263 has held that: "The consequence of the said amendment made with retros....