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2012 (1) TMI 225 - ITAT JODHPURRevision u/s 263 - Held that:- CIT noticed that during the course of proceedings u/s 263 of the Act the amount shown is more as compared to the amount shown by the assessee in its books of accounts. The difference is on account of discount which according to the assessee is not included in the receipts mentioned in the TDS certificate. According to the ld. CIT, the AO has not examined this issue and the AO has not even discussed the issue in the assessment order. We have noticed from the assessment order that the AO issued a detailed query letter on 2-11-2006 and in response to that query letter, the assessee filed the written submission before the AO. The paper book filed before us by the assessee does not contain either query letter or reply submitted before the AO. The details have been filed before the AO during the course of set aside assessment proceedings. As a result of order u/s 263 of the Act, it is clear from the record that the ld. AR has not been able to satisfy us that AO made enquiry during the course of assessment proceedings. If the AO fails to make any enquiry then the order is definitely erroneous and prejudicial to the interest of the revenue. Since the AO has not applied his mind, therefore, we do not feel to record the findings that reconciliation filed by the assessee is correct. Hence, we hold that the ld. CIT was justified in passing the order u/s 263 of the Act
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