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2017 (8) TMI 1547 - RAJASTHAN HIGH COURTRevision u/s 263 - Whether assessment order contrary to provision of Section 143(3) i.e. scrutiny assessment can not be supervised under revisionary powers given u/s 263 when income to the tune of ₹ 20 crore approximately is neither examined or verified by the Assessing Officer immediately before his retirement? - HELD THAT:- When the assessee has filed reply dated 31.08.2009 and when he has specifically contended that in the assessment proceedings, he has filed different reply than what has been referred by the assessee in its reply before the CIT (A) on different dates which has not been considered by the CIT(A), even the explanations which are given of all the six grounds are not considered, therefore, rejection of contention of the assessee and then without consideration of remaining questions remanding the matter back and passing the order under Section 263 requires to be considered and the Tribunal has not committed any error in setting aside the order of CIT u/s 263. In our considered opinion, the conduct of the Commissioner of Income Tax-III while passing the order dated 12.10.2009 as under:- In view of above stated facts the order passed by the AO under section 143(3) of the IT. Act, 1961 is not only erroneous but is also prejudicial to the interest of revenue. After taking into the fact and circumstances of the case the order u/s 143(3) of the Act dated 27.10.2008 is set-aside to be made de-novo. The AO is directed to made fresh assessment order after proper examination of the issues discussed above and investigations where- ever are necessary. When no other material was placed before CIT (A), requires serious consideration by the Chief Commissioner of Income Tax. The appropriate proceedings, if he is in service or retired, be taken to put his house in order. - Decided in favour of assessee
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