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TMI Blog2018 (10) TMI 1588X X X X Extracts X X X X X X X X Extracts X X X X ..... s 263 of the Act. In the present case the Assessing Officer has made all the inquiries and after verifying the documents/ material on record passed a reasoned Assessment Order. Therefore, the Commissioner does not have any locus standi to make further inquiry. Therefore, order u/s 263 of the Act in present appeal is not justified and is set aside herewith - Decided in favour of assessee - I.T.A . No. 77/BIL/2016 - - - Dated:- 25-10-2018 - SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER For The Appellant : Sh. G. S. Agrawal, CA For The Respondent : Sh. P. K. Mishra, CIT DR ORDER PER SUCHITRA KAMBLE, JM The present appeal is filed by the assessee against the order dated 21/0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) was issued on 09.01.2012. A detailed query letter was issued on 31.01.2012. In response, the FCA AR attended the proceedings from time to time and filed requisite documents along with reply. The Assessing Officer after making detailed observations on each query and reply of the assessee to the said query made addition of ₹ 30,320/- and completed the Assessment u/s 143(3) of the Income Tax Act, 1961 on 28.03.2012. Subsequently, notice under Section 148 was issued on 27.03.2014 and served on the assessee asking him to file return of income. In response to this notice, CA appeared on behalf of the assessee and asserted that the return of income filed originally on 05.10.2010 should be treated as return filed in response to the notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein it is clearly mentioned by the Assessing Officer that the assessee filed the declaration in Form 15G and therefore, the Assessing Officer held that TDS liability does not exist. The Ld. AR submitted that the Assessee at no point of time suppressed any factual aspect of the case and all queries were properly answered by the assessee during the original assessment as well as during the re-opening proceedings as well and also produced all the requisite document in support of assessee s case. Therefore, the Pr. CIT has incorrectly applied Section 263 of the Act in assessee s case. 7. The Ld. DR relied upon the order of the Pr. CIT. 8. We have heard both the parties and perused all the relevant material available on record. From th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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