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2011 (9) TMI 999 - ITAT KOLKATARevision u/s 263 - Held that:- CIT for revising the assessment framed by AO has not recorded, anywhere, that the order of AO is erroneous so as to prejudicial to the interest of revenue. Keeping in mind this fact and circumstances, we are of the view that section 263 of the Act postulates that the Commissioner can revise an order passed by the Assessing Officer only if (i) it is erroneous, and (ii) it is prejudicial to the interests of the revenue. If the order sought to be revised is not prejudicial to the interests of the revenue the Commissioner has no jurisdiction to revise it. For instance, an order of assessment Passed by an Assessing Officer without complying with the procedure laid down in the pre 1989 section 144B is erroneous, but cannot be said to be prejudicial to the interests of the revenue. Similarly, an assessment order passed without obtaining approval of the Inspecting Assistant Commissioner as required by the pre-1989 section 52(2) cannot be said to be prejudicial to the interests of the revenue. The orders of the Assessing Officer may be brief and cryptic, but that by itself is not sufficient reason to brand the assessment orders as erroneous and prejudicial to the interests of the Revenue. Writing an order in detail may be a legal requirement, but the order not fulfilling this requirement, cannot be said to be erroneous and prejudicial to the interests of the Revenue. It is for the Commissioner to point out as to what error was committed by the Assessing Officer in having reached the conclusion that the income has escaped assessment. The Commissioner having failed to point out any error, no error can be inferred from the orders of the Assessing Officer for the simple reason that they are bereft of details. If the order is not erroneous, then it cannot be prejudicial to the interests of the Revenue. The appeal of the assessee is allowed
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