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TMI Blog2021 (3) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... dent : M/s.Profexs Associates JUDGMENT M.DURAISWAMY, J. Challenging the order passed by the Income Tax Appellate Tribunal, Madras "C" Bench in I.T.A.No.1597/Mds/2007, the Revenue has filed the above appeal. 2.The Assessing Officer completed the assessment under Section 143 (3) on 01.03.2005, assessing a total income of Rs. 40,72,410/-. The assessment was done by resorting to Section 263 on 28. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In these circumstances, the Tribunal allowed the appeal filed by the assessee. Aggrieved by the order passed by the Income Tax Appellate Tribunal, the Department filed the above appeal. 3.The above appeal was admitted on the following substantial question of law: "Whether on the facts and in the circumstances of the case, the Income Tax Tribunal is right in setting aside the order passed under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CIT under Section 263 and restored the order passed by the Assessing Officer. 5.On a perusal of the order passed by the Tribunal, it is clear that the Tribunal has categorically held that the order passed by CIT is based on no reason and he has simply given an abrupt finding that the assessment order is erroneous. Further, the Tribunal, taking into consideration all the materials availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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