9911796707
TMI Blog1987 (8) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 reversing the order of the Commissioner of Income-tax made under section 263 and restoring that of the Income-tax Officer on the ground that the Commissioner of Income-tax had no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Officer failed to make proper enquiry both as regards the receipt of Rs. 73,500 and the expenses of Rs. 44,873 shown by the assessee, the order passed by the Income-tax Officer was prejudicial to the interests of the Revenue. The Commissioner of Income-tax accordingly issued a notice to the assessee under section 263 of the Income-tax Act, 1961 (hereinafter referred to as " the Act "). The asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such it was prejudicial to the interests of the Revenue. The Commissioner of Income-tax, therefore, set aside the order passed by the Income-tax Officer and directed the Income-tax Officer to make a fresh assessment according to law. Aggrieved by the order passed by the Commissioner of Income-tax, the assessee preferred an appeal before the Tribunal. The Tribunal held that the Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eference must be answered in the affirmative and in favour of the assessee. It is well settled that where the Income-tax Officer made the assessment in undue hurry, accepting what the assessee stated in the return without making any enquiries, in the circumstances of the case, the Commissioner would be justified in holding the order of the Income-tax Officer to be erroneous. In the instant case, h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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