1991 (6) TMI 45

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....eferred to us for our opinion reads : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the Commissioner of Income-tax was not justified in invoking his powers under section 263 of the Income-tax Act, 1961, with reference to the material which came on record very much later than the making of the assessment for the assessment yea....

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....e the Appellate Tribunal. The Appellate Tribunal went into the question elaborately and found that the Commissioner was not justified in relying on materials which were not there before the assessing authority at the time when the assessment was made. The said view of the Appellate Tribunal is supported by the ruling of the Calcutta High Court in Ganga Properties v. ITO [1979] 118 ITR 447. The ....

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.... Rs. It can be seen from the discussion above that the Tribunal had no occasion to consider the scope of this provision and, therefore, it cannot be said that the above argument, touching upon this question, does arise out of the order of the Tribunal. The only aspect that is required to be considered is as to whether the Tribunal was justified in holding that the Commissioner has no power to l....