Law: Income Tax Act, 1961

Section: 263

(a) Interpretation of statutes--- ----- Words in fiscal statute---To be given their plain and ordinary meaning--­ICIT v. International Computers Indian Manufacture Ltd. (1991) 187 ITR 580 (Born.) and Ritz Ltd. v. Union of India (1990) 184 ITR 599 (Born.) dissented from]: It is a well-recognised rule of interpretation of statutes that, primarily, it is the plain and ordinary meaning of the words used in the enactment that has to be taken and further that all the words used by the Legislature have to be given their due meaning and effect and no surplus ages in the language employed is to be imputed to it. Seen in this light, the words in Explanation (c) of section 263, "filed on or before or after June 1, 1988" cannot possibly be read to limit the retrospectivity of it .to June 1, 1988, and not earlier. CIT v. International Computers Indian Manufacture Ltd.. (1991) 187 1TR 580 (Born.) and Ritz Ltd. v. Union of India (1990) 184 ITR 599 (Born.) dissented from. (b) Income-tax---Revision---Appeal to AAC----Doctrine of merger---Effect of amendment of .263---Rctrospectivity of amendment not limited to June 1, 1988---Matters considered by AAC---ITO's order with respect to such matters merges with fiat of the AAC---CIT can revise order of ITCH with respect to matters not considered by AAC---Indian Income Tax Act, 1961, S.263. Once an appeal against an order of the Income Tax officer under section 143(3) of the Income Tax Act, 1961, has been heard and decided by the Appellate Assistant Commissioner, the Commissioner, under section 263 of the Income Tax Act, 1961, has no jurisdiction with regard to issues considered and decided in appeal. In other words, his jurisdiction is restricted only to that part of the order of assessment which is not dealt with in appeal. What merges with the appellate order is only that part of the order of the Income Tax Officer under section 143 of the Act as was the subject-matter of the appeal and no more. Immunity from proceedings under section 263 of the Act is restricted to this extent. Addl. CIT v. Vijayalakshmi Lorry Service (1986) 157 ITR 327 (Kar.); CIT v. Amritlal Bhogilal & Co. (1958) 34 ITR 130 (SC); CIT v. Banwarilal (R.S.)…

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