1989 (3) TMI 56

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..... e Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in vacating the order passed by the Commissioner under section 263 of the Income-tax Act?" The material facts giving rise to this reference, briefly, are as follows F .....

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..... of the Income-tax Officer under section 263 of the Act. In this view of the matter, the Tribunal allowed the appeal and set aside the order passed by the Commissioner. Aggrieved by the order passed by the Tribunal, the Revenue sought reference and it is at the instance of the Revenue that the aforesaid question of law has been referred to this court for its opinion. In CIT v. Vithal Textiles [19 .....

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..... that, on merits, the Commissioner of Income-tax was not justified under section 263 of the Act in setting aside the order passed by the Income-tax Officer as the order passed by the Income-tax Officer was not erroneous and prejudicial to the interests of the Revenue. It is not necessary for us to go into this question raised on behalf of the assessee because this question does not arise out of th .....

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