Assessee filed its return of income offering income on sale of shares under head capital gains. Assessment was completed. A reopening notice was issued against assessee on ground that AO had received an information that assessee had evaded tax through client code modifications with regard to brokers in future and option business. Order was passed making additions to income of assessee as an income from short-term capital gains. On appeal the Tribunal questioning erroneous addition as short-term capital gains who remanded matter back to AO. After remand the AO completed assessment and entire income of assessee, which was accepted in reopening of assessment under head ‘capital gains’, was now being assessed under head ‘profits and gains from business and profession’ and, accordingly, enhanced income of assessee by making addition. AO had also disallowed claim of set off of brought forward losses as there was no capital gain/loss.  On writ the Court held that  ; two issues viz. change of nature of income from sale of shares and set off of brought forward losses taken up for consideration by AO during remand, were not considered by Tribunal while remitting matter and, therefore, reconsideration of these two issues by taking advantage of remand order, could not be sustained as AO exceeded his jurisdiction over issues which were not remitted to him Accordingly  the matter  remitted back to AO to redo assessment only in respect of issue relegated by Tribunal while remitting matter viz., income from short-term capital gain and consequential addition.  (Relied S.P. Kochhar v. ITO (1984) 145 ITR 255 (All) (HC), Mcorp Global (P) Ltd v CIT (2009) 309 ITR 434 (SC), Saheli Sysnthetics (P) Ltd v CIT (2008) 302 ITR 126 (Guj.) (HC), Sanmar Speciality Chemicals Ltd v ITO (2018) 256 Taxman 46 (Mad.) (HC), Raja D.V. Seethramayya Bahadur v. Sixth WTO (1995) 213 ITR  520 (Mad.)(HC).) (AY. 2010 -11)