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2021 (11) TMI 971

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..... possible view which the assessing officer has taken and merely because the CIT does not agree with the view expressed by the assessing officer, he could not invoke his jurisdiction under Section 263 of the Act. On facts, we have found that there is nothing to interfere with the order passed by the Tribunal. Appearing for the respondent/assessee places reliance on a decision in the case of Commissioner of Income Tax, Ward-3, Tirunelveli versus Smt. Padmavathi [ 2020 (10) TMI 425 - MADRAS HIGH COURT] as held that the Commissioner while invoking his power under Section 263 faults the assessing officer on the ground that he did not make proper enquiry and in the absence of any clarity as to why in the opinion of the Commissioner the enquir .....

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..... ITAT/60/2018 This appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act, in brevity) is directed against the order dated 12th May, 2017 passed by the Income Tax Appellate Tribunal 'C' Bench, Kolkata in ITA No.877/Kol/2015 for the Assessment Year 2010-11. The Revenue has raised the following substantial question of law for our consideration: a. Whether on the facts and the circumstances of the case, the Learned Income Tax Appellate Tribunal, C Bench, Kolkata, was justified in law or in fact in holding that the assessing officer had made due enquiries on the assessment of deduction of the sum of ₹ 25,57,00,000/- on account of arrear payment which are payable consequent to wage revision and .....

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..... of any bipartite settlement, the Union Government should take a decision so far as the employees of the regional rural banks are concerned, within a reasonable time so that the parity could be maintained. Apart from placing reliance on the aforesaid decision, the assessee also places reliance on the decision of the Hon'ble Supreme Court in Malabar Industries Limited 243 ITR 83 that the Revenue was heard and the Tribunal after taking note of the factual position and the decision of the Hon'ble Supreme Court had recorded a finding of fact that the assessing officer while completing the assessment has made due enquiries on the aspect of provision for arrears of wages consequent to wage revision and after making due enquiries, the asse .....

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