2011 (6) TMI 12

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..... ependent of each other - The Tribunal has recorded a fact that once the taxability under both the documents have been considered by the assessing officer and also by the CIT(A), it is not open to the CIT to invoke the jurisdiction u/s 263 of the Act and direct the assessing officer to consider the taxability under those two documents once again - Hence,no fault can be found with the decision of t .....

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..... the assessee, the ITAT has deleted the addition made by the assessing officer. Challenging the order of the ITAT, the revenue has filed appeal under Section 260A of the Income Tax Act, 1961 (T.A. No.195 of 2010) and the same has been admitted by us today i.e. 13/6/2011. 3. In the meantime, the CIT by invoking jurisdiction under Section 263 of the Act had passed an order on 16/3/2005 thereby d .....

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..... hose two documents once again. There is nothing on record to suggest and no argument has been canvassed before us to show that the taxability under the two documents referred to by the CIT have not been considered by the assessing officer in the block assessment order and subsequently by the CIT (A). In other words, once the taxability under the seized documents have been considered by CIT(A), the .....

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