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2005 (11) TMI 30 - MADHYA PRADESH HIGH COURT
"Whether Tribunal was justified in overturning and unsettling the order of the Commissioner of Income-tax passed under section 263, on the ground that the Commissioner had not recorded reasons that there had been prejudice to the interests of the Revenue but solely on the foundation that the Assessing Officer did not have the ample opportunity to proceed with the assessment and there was no sufficient time on the part of the Additional Commissioner to check the order of assessment passed by the original authority?" - What was the sequitur or consequence of such order qua prejudicial to the interest of the Revenue should have been focussed upon. That having not been done, in our considered opinion, exercise of jurisdiction under section 263 of the Act is totally erroneous and cannot withstand scrutiny. Hence, the Tribunal has correctly unsettled and dislodged the order of the Commissioner. Consequently, we are disposed to think, the appeals are sans merit and accordingly they are dismissed