Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 461 - ITAT JODHPURRevision u/s 263 - Held that:- We are live to the provisions of Explanation (2) to Section 263 of the Act which has been introduced w. e. f. 1st June, 2015 wherein it has been explained that the order passed by the AO shall be deemed to be erroneous in so far as it is prejudicial to the interest of the Revenue if, in the opinion of the Principal Commissioner/Commissioner “the order is passed without making enquiries or verification which should have been made”. However, it should be understood that the word used in the said explanation is “opinion” of the Principal Commissioner or Commissioner and such opinion should be in writing or at least discernible from the order of the learned CIT. But, even this explanation would be controlled by the primary section of 263(1) which demands the “making or causing to be made such enquiry as he deems necessary”, before he passes the order u/s 263. In the present case as the said enquiry has not been made by the Commissioner not has it been caused to be made by the learned CIT either before the intimation or after the intimation but more specifically its absence has been recorded by the learned Commissioner before passing his order u/s 263 of the Act, we are of the view that the order passed u/s 263 of the Act by the learned CIT is unsustainable - Decided in favour of assessee.
|