9911796707
TMI Blog2022 (4) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of this, the impugned order passed by the ld. Pr. CIT is not sustainable as per law and the same is accordingly quashed. - I.T.A. No. 2505/Kol/2019 - - - Dated:- 30-3-2022 - SRI SANJAY GARG, JUDICIAL MEMBER And SRI MANISH BORAD, ACCOUNTANT MEMBER Sh. Soumitra Choudhury, Adv., appeared on behalf of the Assessee Sh. David Z. Chawngthu, CIT (D/R), appeared on behalf of the Revenue ORDER Per Sanjay Garg , Judicial Member : The present appeal has been preferred by the assessee against the order passed by the Pr. Commissioner of Income Tax, Siliguri [hereinafter referred to as ld. Pr. CIT ] u/s 263 of the Income Tax Act, 1961 (hereinafter the Act ) dated 06.08.2019 for AY 2015-16 exercising his revisional jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disclosed at the time of scrutiny assessment proceeding, therefore, the direction given by the Ld. Pr. CIT for re-examination is completely arbitrary, unjustified and illegal. 5. For that on the facts of the case the Ld. Pr. C.I.T. -Siliguri was wrong in passing the Order u/s. 263 by setting aside the order u/s. 143(3) for re-examining and re-verification whether cash on hand shown in return of income is correct, although the following issue was duly considered by the A.O. in his assessment order and all the materials truly and fully produced at the time of scrutiny assessment proceeding, therefore, the direction given by the Ld. Pr. CIT for reexamination is completely arbitrary, unjustified and illegal. 6. For that the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the impugned order of the ld. Pr. CIT. 7. We find force in the contention of the ld. Counsel for the assessee. It will be appropriate here to reproduce the relevant provisions of Section 263 of the Act: 263(1) Explanation-1 (c) where any order referred to in this sub-section and passed by the Assessing Officer had been the subject matter of any appeal [filed on or before or after the 1st day of June, 1988], the powers of the [Principal Commissioner or Commissioner] under this sub-section shall extend [and shall be deemed always to have extended] to such matters as had not been considered and decided in such appeal.] 8. A perusal of the aforesaid Clause- C of Explanation-1 to Section 263(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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