9911796707
TMI Blog2007 (5) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... LSHRESTHA and S.K. SETH JJ. JUDGMENT The judgment of the court was delivered by 1 S. K. SETH J.—This order shall also govern the disposal of connected I. T. A. No. 64 of 2006 and I. T. A. No. 52 of 2006 as all of them are directed against the composite and common order passed by the Tribunal involve a common question of law between the Revenue and the assesses pertaining to the assessment years 1994-95, 1995-96 and 1999-2000. In all these appeals following the question of law was formulated at the time of admission "Whether the Income-tax Appellate Tribunal erred in law in setting aside the order annexure P/3 passed by the, Commissioner of Income-tax under section 263 by its order annexure P12 on the ground that the order of the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal holding that the revisional order under section 263 was uncalled for and, consequently, set aside the order of the Commissioner of Income-tax and restored the order of the Assessing Officer. It is against this order of the Income-tax Appellate Tribunal, the Revenue has come up in appeal under section 260A of the Act. 3 Learned standing counsel for the Revenue assailed the order of the Income-tax Appellate Tribunal and submitted that the Assessing Officer's Order was erroneous and prejudicial to interests of the Revenue therefore, Commissioner of Income-tax was justified in invoking, the revisional diction under section 263 of the Act. Per contra learned senior counsel appearing for the assesses supported the Income-tax Appellate Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has ordered a clear finding that the order of the Assessing Officer was error a as well as prejudicial to the interests of the Revenue. From the order i d the Assessing Officer, it is clear that for want of time, the Assessing officer had done only a semblance of enquiry and that too, in a very slip 'd manner, as is clear from the post script in the order of the Assessing officer. The Assessing Officer accepted the version of the assesses without proper enquiry and as a result a substantial amount of taxable income was not brought to tax. In such a case the assessment order would be erroneous and prejudicial to the interests of the Revenue because law enjoins upon the Assessing Officer to make the assessment order bringing all taxable incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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