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TMI Blog2006 (4) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... ests of the Revenue, issued notice under section 263 of the Income-tax Act, 1961, in exercise of his revisional jurisdiction. - Tribunal after considering the material available on record was satisfied that proper enquiry was made by the Assessing Officer before passing the assessment order and he has applied his mind to the relevant material which was brought on record. It does not give rise to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether, on the facts and in the circumstances of the case, the hon'ble Income-tax Appellate Tribunal was justified in law in quashing the order under section 263 of the Income-tax Act passed by the Commissioner of Income-tax?" The Assessing Officer had passed the assessment order on December 30, 1992. The Commissioner of Income-tax, considering that the assessment order has been passed without fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection to the Assessing Officer to make a fresh assessment order after enquiry. On appeal, the Tribunal recorded a finding after considering the material on record as under: "Thus, considering the facts and circumstances of the case, as also the material on record, we are quite convinced that the Assessing Officer did enquire into the various aspects of the case before framing the assessment a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en made, to what extent it can be said to be inadequate are questions of fact depending on the facts and circumstances of each case. The Tribunal after considering the material available on record was satisfied that proper enquiry was made by the Assessing Officer before passing the assessment order and he has applied his mind to the relevant material which was brought on record. It does not giv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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