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TMI Blog2014 (5) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer erroneous and prejudicial to the interest of the revenue. It is the substance and not the form of the order which is material. We are as such unable to agree with the views expressed by the learned Tribunal. The apprehension expressed by the assessee, that in the event the order of the Tribunal is set aside, the pending appeal by the assessee against the order of assessment would become nugatory, is also without any foundation - The appeal preferred by the assessee stood automatically allowed by the order of the CIT u/s 263 of the Act - the object of the assessee was achieved - order of CIT restored – Decided in favour of Revenue. - GA No. 3282 of 2013, ITAT No. 181 of 2013 - - - Dated:- 28-2-2014 - Girish Chandra Gupta And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the interest of the revenue. The reasons assigned by the CIT, inter alia, were as follows: On verification of record it has come to my notice that the reimbursed amount of Rs.1,32,87,104/- was bifurcated by the assessing officer in two components : (i) Rs.12,34,540/- being the sum total of payments not exceeding Rs.20,000 (individual payment/credit in a day) or Rs.50,000/- (aggregate payment/credit during the year to a particular person) and (ii) Rs.1,20,52,564/- being the sum total of payments/credit which attracts provision of Sec.194C of the Act. Accordingly, the AO made disallowance U/s 40a(ia) only on 20% of Rs.1,20,52,564/-, which comes to Rs.24,10,512/-. However, I find that there is no provision for disallowing part expenses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve, we are of the view that the revision as directed by the Ld. CIT by invoking his powers u/s.263 of the I.T. Act, 1961 cannot be sustained and consequently the said order stands quashed. Aggrieved by the aforesaid order of the learned Tribunal, the revenue has come up in appeal. Ms. Ghutghutia, learned advocate appearing for the revenue, submitted that the order passed by the learned Tribunal is altogether misconceived and bad in law. She submitted that the CIT in exercise of power under section 263 passed the following order as would appear from the last paragraph of the judgment and order dated 20th March, 2012. Hence, in the light of the above discussion, and in the interest of natural justice, I am of the considered view th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 263. The learned Tribunal was wrong in setting aside the order of the CIT. Mr. Majumdar, learned advocate appearing for the assessee, submitted that the assessment was made after thorough investigation under Section 133(6) of the Act. Thereafter, the order of assessment was passed. After the matter has been finally adjudicated by the Assessing Officer, there was no reason or scope to direct the Assessing Officer to re-investigate the matter. He added that in the event this Court interferes with the order passed by the learned Tribunal, the appeal preferred by his client against the assessment order dated 29th December, 2009 shall also become nugatory. He, therefore, invited this Court to refrain from interfering with the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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