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TMI Blog2011 (4) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... relied on by the learned counsel for the assessees are inapplicable to the facts and circumstances of the present case. The issues are indeed not concluded by findings of facts. The superior court or quasi-judicial authority should normally act with restrain while setting aside the impugned order with a view to remit the matter to the same authority or the court, because such an order of remand sets at naught the entire effort made till then to resolve the dispute. The function of the appellate court is to rectify the errors and the mistakes committed in the impugned order. An order of remand can be passed under limited circumstances so that no injustice is done to any side. It is equally well settled that the superior court or quasi judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise for consideration : "(i) Whether the Hon ble Tribunal is correct in holding that all inquires were made and all bank accounts were verified by the Assessing Officer. (ii) Whether the Hon ble Income-tax Appellate Tribunal is correct in observing that all inquires were carried out and all verification were made with respect to investment in shop Nos. 203 204 of Sumati Palace. (iii) Whether the Hon ble Income-tax Appellate Tribunal is correct in ignoring the decision of Supreme Court in CIT v. Shree Manjunatheshwar Packing Product Camper Works [1998] 231 ITR 53, where it was observed that if the assessment is completed before the receipt of valuation report the assessment is erroneous and the CIT could revise the assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Patna), and ITA Nos. 443 446 (Pat.)/2007 (Sri Shekhar Keshri v. CIT (Central), Patna, with respect to the aforesaid four periods which have been allowed by a common judgment dated 4-2-2009, the learned Assessing Officer have been restored, and impugned herein. 4. The four appeals have arisen as follows : Assessment Order (Ann. 1) 29-12-2006 For A/Y 2004-05 with respect to Rita Keshri. In M.A. No. 376/09 ( CIT v. Rita Keshri ) Assessment Order (Ann. 1) 29-12-2006 For A/Y 2003-04 with respect to Rita Keshri In M.A. No. 378/09 ( CIT v. Rita Keshri ) Common Revisional Order u/s. 263 (Ann. 2 in both appeals) 6-6-2007 For A/Y 2004-05 A/Y 2003-04 In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007 have been passed with respect to Shekhar Keshri for the assessment years 1999-2000 2003-04. Note 3 - Common Appellate order has been passed with respect to the four periods. The periods with respect to Rita Keshri are for the Assessment Years 2004-05 2003-04 (ITA Nos. 444 445 (Pat.)/2007), and with respect to Shekhar Keshri for the assessment years 1999-2000 2003-04 (in ITA Nos. 443 446 (Pat.)/2007). 5. While assailing the validity of the impugned judgment, the learned senior Standing Counsel submits that the learned Commissioner had detected vital flaws in the orders of assessment which have been clearly indicated in the revisional order, and have rightly been remitted to the learned Assessing Officer. In his submission, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Assessing Officer in spite of repeated notices and calls. It is evident on a perusal of the four assessment orders that the learned Assessing Officer felt exasperated and helpless in the matter and passed orders of assessment under severe constraints. The orders of assessment create a clear impression in our minds that the assessees are extremely dishonest persons who have no respect for the laws of the land, the established procedure, and the authorities charged with the duties under the Act. 8. Section 263 of the Act is headed "Revision of orders prejudicial to revenue", and confers suo motu powers of revision on the learned Commissioner of Income-tax to take steps for annulment, modification, cancellation etc. of an order of assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable to the facts and circumstances of the present case. The issues are indeed not concluded by findings of facts. 10. There is yet another aspect of the matter. The superior court or quasi-judicial authority should normally act with restrain while setting aside the impugned order with a view to remit the matter to the same authority or the court, because such an order of remand sets at naught the entire effort made till then to resolve the dispute. The function of the appellate court is to rectify the errors and the mistakes committed in the impugned order. An order of remand can be passed under limited circumstances so that no injustice is done to any side. It is equally well settled that the superior court or quasi judicial author ..... X X X X Extracts X X X X X X X X Extracts X X X X
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