1989 (2) TMI 72

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..... -tax. The following questions of law have been raised : "(1) Whether, in law and on facts of the case, the Income-tax Appellate Tribunal was justified in holding that the jurisdiction under section 263 of the Income-tax Act, 1961, was invoked by the Commissioner of Income-tax merely on suspicion, conjectures and surmises and under law, he was not empowered to invoke section 263 in this case, by .....

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..... on 263 was missing as the Commissioner did not either set out the points for inquiry nor did he record any reason or refer to any material as to how the order of the Income-tax Officer was erroneous or prejudicial to the interests of the Revenue. The application for directing the Tribunal, therefore, to submit statement of case on the proposed questions of law is rejected. - - TaxTMI .....

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