2013 (3) TMI 12

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..... epartment could not point out as to how the finding recorded by the Tribunal is in any manner perverse or against the law. The Assessing Officer had conducted the proper inquiry and preferred to accept the explanation that paddy husk was utilized in the boiler, the Tribunal has committed no error in setting aside the order passed by the Commissioner of Income Tax. - Income Tax Appeal No . - 77 .....

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..... essment order passed under Section 143(3) of the Act on the findings that it is erroneous and prejudicial to the interest of the Revenue in as much as, it was passed without application of mind in mechanical fashion and also without conducting necessary inquiries. On appeal, the Tribunal by the order under appeal has set aside the order of the Commissioner of Income Tax. The Tribunal has found tha .....

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..... in law and on facts in not appreciating the fact that the assessee has submitted that it does not purchase husk from the market, in that case there must be some opening stock of husk to start the boiler which is not appearing in the books of accounts of the assessee. 3. Whether Hon'ble Income Tax Appellate Tribunal was justified in not appreciating the fact that the A.O. did not make any inquir .....

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