9911796707
TMI Blog2014 (7) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Commissioner of Income- tax-1, Patna, is unjust, unwarranted and bad in law. 2. That the learned Commissioner of Income-tax-1 failed to appre ciate and/or overlooked and/or did not consider the submissions made by the appellant as also the other facts of the case. 3. The learned Commissioner of Income-tax-1 erred in cancelling the impugned assessment order and directing the learned Assessing Officer fresh order in the case. 4. For that other various grounds which shall be urged and/or amendment to the ground(s) before your honour at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d upon the various authorities referred to in the said written submissions. Shri RishiRaj Sinha, senior standing counsel, on the other hand relied upon the order of the learned Commissioner of Income-tax. 5. We have heard the rival contentions and perused the facts on record. As relied upon by learned counsel for the assessee in the case of Jain Brothers v. Union of India [1970] 77 ITR 107 (SC), that the record is to be examined to see whether in the discharge of duties in this manner there has been an error, which has resulted prejudice to the Revenue and has thus, made the order erroneous so as to be prejudicial to the interests of the Revenue. In the present case, the learned Assessing Officer called for the information as submitted vid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e some additions and rejected books of account after going through the material on record and after considering the explanation of the assessee, it was held that he has not applied his mind and cannot be said and it was held that whether the learned Assessing Officer has considered all relevant material on record is basically a question of fact land it cannot be said that the finding is not perverse and fact that the low profit rate has been accepted by the learned Assessing Officer did not render the order of the learned Assessing Officer as erroneous. Accordingly, the Tribunal was justified in cancelling the order under section 263. Following the decision of the hon'ble Rajasthan High Court (Jaipur Bench) in the case of CIT v. Girdhar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
