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TMI Blog1992 (10) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the case, the Income-tax Appellate Tribunal was correct in law and on the facts in annulling the order passed by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 ? " In respect of these two assessment years the late K. C. Seth, father of 0. P. Seth, had filed income-tax returns in which it had, inter alia, been claimed that he had received rent in respect of a pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer was set aside by the Commissioner of Income-tax. It was held by the Commissioner that in fact the said plot at Loha Mandi, Naraina, had never been let out and, therefore, the order of the Income-tax Officer was prejudicial to the interests of the Revenue because the Income-tax Officer had not made any enquiry as to whether the plot had been let out or not. In appeal the Tribunal reverse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Officer, even without any enquiry, then the burden is on the Department to show that even the taxing of the returned income is prejudicial to the interests of the Revenue. There is no such finding given by the Commissioner and in any case there are no facts which would warrant such a conclusion being arrived at. When the Commissioner issues a notice under section 263 he is to judge the acti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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