2014 (6) TMI 184

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..... EBASTIAN (PARACKAL) FOR THE RESPONDENT : SRI.JOSE JOSEPH, SC, FOR INCOME TAX JUDGEMENT Dr. Manjula Chellur C. J.- Heard learned counsel for the petitioner. 2. We have gone through the orders of the Assessing Officer, the revisional authority and the order of the Tribunal. The entire controversy involved in this case is with regard to the exact status of the appellant-assessee, whether it is .....

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..... iled explanation by way of reply was given by the present appellant. The entire discussion of the revisional authority is directed against the application of mind by the Assessing Officer with reference to the nature of business conducted by the appellant-assessee. It is also not in dispute that the Assessing Officer is required to apply his mind and conduct proper enquiry and also verification at .....

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..... assessee that the case of the appellant has to be considered only by looking into the Kerala State Co-operative Societies Act and nothing else. According to them, certificate of registration would indicate their claim and also decide what exactly is the nature of business. The revisional authority was justified in saying, with the introduction of section 80P(4) necessarily, an enquiry has to be co .....

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..... ion at all by the Assessing Officer from this perspective, there was justification for the revisional authority to conclude that the order of the Assessing Officer was not only erroneous but prejudicial to the interests of the Revenue. A very detailed discussion giving the reasons why the matter should be reconsidered by the Assessing Officer came to be passed by the revisional authority. After re .....

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..... revisional authority. As a matter of fact, the revisional order is an insight into the nature of enquiry or ascertainment of factual situation to be made by the Assessing Officer and nothing more. We find no erroneous observations made by the revisional authority. However, we direct the Assessing Officer to pass a fresh assessment order after making necessary enquiries as observed in the order o .....

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