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TMI Blog2018 (6) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... rs on these issues. There is no quarrel with the settled law that it is always open to the CIT under the provisions of Section 263 of the Act to make a detailed inquiries with regard to any issue that may seem doubtful, but while passing the order under Section 263 of the Act he has to make a clear and firm decision that the order passed by the A.O. is either erroneous or to be prejudicial to the interest of the revenue. Neither has been found in the present. - Decided in favor of assessee. - Income Tax Appeal No. 115 of 2010 - - - Dated:- 12-3-2018 - Hon'ble Bharati Sapru,J. Hon'ble Neeraj Tiwari,J. Counsel for Appellant :- S.S.C. I.T.,Gaurav Mahajan Counsel for Respondent :- R.R. Agarwal,Rishi Raj Kapoor JUD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal export turnover of ₹ 52,93,21,557/-, which in terms of percentage works out to 2.47%. In the preceding year total export incentive in the from of draw back was shown at ₹ 2,76,41,554/- on total export turnover of ₹ 47,47,16,835/- i.e. 5.82 per cent. The decreases in percentage of export incentive in comparison to preceding year has not been inquired into by the A.O. (ii) As the quantitative details of stock enclosed with the 3CD report filed along with the return of income it is seen that total number of pairs manufactured were shown at 793975 as against total number of pairs of sole/insole consumed at 961984. Thus, there remains a difference of 168009 pairs manufactured from the sole/insole consumed and the consump ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en caused to the revenue. The Tribunal, therefore, while relying on a decision of the Apex Court in the case of Malabar Industries Company Limited Vs. CIT reported in (2000) 243 ITR 83(SC) has come to the conclusion that in the facts of the present case it could not be said that the revisional order passed by the CIT was valid and therefore, he restored the order of assessment dated 29.09.2006. The Tribunal as has been said earlier has examined each and every head as questioned by the Commissioner and has answered in respect of every issues raised by him whether it was a question of difference of pairs of footwears manufactured during the year or whether it was the travelling expenses of the partner or whether it was the health expens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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