TaxTMI 
TaxTMI 
2016 (7) TMI 1635
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....e but similar orders of the learned CIT (A)VII Hyderabad, dated 13.06.2014 for the relevant A.Y 2009-10. 2. At the outset, we notice that there is a prayer for condonation of delay in filing these appeals by 471 days by the assessees. In the affidavit, it is stated that the delay has been caused as the CIT (A)'s order which was received on 25.6.2014 got misplaced and it has been traced out only on 8.12.2015. Further, it was submitted, there are many appeals in the group and the jurisdiction was transferred from CIT (A) Hyderabad to Tirupathi and back and the assessee did not notice disposal of appeals by the CIT (A). The learned Counsel referred to the notices issued by the CIT (A) for the same assessment in support of the contentions. The....
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....of the opinion that Section 263 and particularly the wording of explanation (C) to section 263(1) is very clear wherein it is stated that the jurisdiction of the CIT is extended to such matters as had not been considered and decided in such appeal. Thus, as long as the appeal is not decided by the CIT (A), the administrative CIT has powers to consider all the issues arising in such assessment order. In the instant case when the matter was taken up u/s 263, no appellate order was passed and therefore, the entire assessment was before him for review. That o an order u/s 263 was passed and the words used were "I hereby set aside the assessment order passed... with a direction to examine the entire issue of capital gains and computation of capi....
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....ers of the land at Survey No. 78, Hafeezpet, assessee is the owner of this land too; Since no capital gains were disclosed by the assessee in these two separate land transactions which took place the order passed earlier u/s 143(3) r.w.s, 153C became erroneous in so far as it was prejudicial to the Interest of revenue. Therefore, a proposal for revision u/s 263 of the order passed earlier u/s 143(3) r.w.s. 153C was submitted to the CIT(C), Hyderabad on 26/07/2013. Order u/s 263 was passed by the CIT(C), Hyderabad setting aside the assessment order passed by the Assessing officer u/s 143(3) r.w.s. 153C dated 30- 12-2011 with a direction to quantify the actual capital gains arising in the hands of the assessee in respect of the land transacti....