“Section 10(231)”
The decision most relied on for Section 10(231) is CIT v. Shree Manjunathesware Packing Products (231 ITR 53), cited in 163 judgments on BharatTax.
Leading authorities on Section 10(231)
The term 'record' under Section 263(1) of the Income Tax Act includes all material available to the Commissioner at the time of his examination, not merely the records that were available to the Assessing Officer when the original assessment order was passed.
The Commissioner's revisional powers under Section 263, as clarified by Explanation (c) of Section 263(1) (retrospectively inserted by the Finance Act, 1989), extend to and are deemed always to have extended to matters that were not considered and decided in an appeal. This means the CIT can revise an order even if it was appealed, provided the specific issue under revision was not part of the appeal proceedings.
Reassessment proceedings must be based on fresh tangible material and not merely a reappraisal of existing evidence or a change of opinion by the Assessing Officer. There must be some information that leads the officer to believe income has escaped assessment.