2008 (7) TMI 354 - GUJARAT HIGH COURT

Order which is erroneous and prejudicial to Revenue - Assessing Officer has taken a particular view on the basis of evidence produced before him. On the basis of the said material and materials which were collected by the CIT in revisional proceedings, the Commissioner has taken a different view – since there is nothing on record to suggest that the view taken by the Assessing Officer is unsustainable at law, in the revisional proceedings under Section 263, it is not open for the Commissioner to take such a different view - Commissioner's order u/s 263 is liable to be quashed and set aside