Revisional Jurisdiction cannot be exercised on issues which have not been covered in Reassessment
Gulab Badgujar (HUF) Thane vs Commissioner of Income-tax (Central)
The Pune bench of the Income Tax Appellate Tribunal in the case of Gulab Badjugar vs. CIT has held that an issue which was not covered in the reassessment proceedings would not be available for readjudication under revisional jurisdiction. The Tribunal noted that once the re-assessment proceedings had been initiated on a specific issue, the Commissioner of Income Tax would be precluded from exercising jurisdiction under section 263 of the Act on grounds which were not covered by the reassessment proceedings. The Tribunal relied on the Bombay HC’s decision in the case of Ashoka Buildcon vs. ACIT wherein the Court had ruled that that the reassessment proceedings were in relation to a particular grounds and hence new issues could not be introduced under the garb of revisional jurisdiction.