Income Tax Section 263 Order Cannot Be Construed as Closed Remand: Kerala HC

Malabar Institute of Medical Sciences Ltd. Vs DCIT (Kerala High Court) The Kerala High Court addressed an income tax appeal concerning the nature of an order passed by the Commissioner of Income Tax under Section 263 of the Income Tax Act. The assessee, Malabar Institute of Medical Sciences Ltd., challenged the Income Tax Appellate Tribunal’s (ITAT) decision, which had dismissed their appeal against a revised assessment order. The ITAT held that the assessee should have separately challenged the Section 263 order, which had remanded the assessment for fresh consideration, before appealin...