Dismissing the appeal of the revenue the Court held that ;the Tribunal considered the judgment of the Supreme Court in the case of Pradip J. Mehta v. CIT (2008)300 ITR 231 and arrived at the conclusion that the amendment to section 6(6)(a) has been brought into effect from 1-4-2004; that was not applicable to the assessment year under consideration. The existing law was considered by the Supreme Court in the aforesaid judgment and the Supreme Court’s judgment would bind the Assessing Officer. That part of the income earned outside India would have to be excluded and the assessee would have to be taxed to the extent of the income earned in India. That has admittedly been done. In such circumstances, there was no prejudice caused and this was not a fit case, therefore, to exercise the powers under section 263. Such a conclusion is imminently possible in the peculiar facts of this case.  (AY. 2003-04)