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2011 (6) TMI 188 - AT - Income TaxRevision u/s 263 - Capital or revenue expenditure - Commissioner of Income-tax in the notice issued has mentioned that the expenditures were capital in nature. However, in the revision order he has held that the there was patent lack of enquiry on the part of the Assessing Officer. This lack of enquiry in his opinion, has rendered the assessment order passed erroneous and prejudicial to the interest of justice - assessment order does not give reason for allowing the expenditure and Assessing Officer did not make further enquiry, it cannot be said there was lack of enquiry in this case - There is due enquiry by the Assessing Officer, though it has been considered to be inadequate by the CIT, recourse under section 263 cannot be made - Decided in favour of the assessee
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