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2011 (3) TMI 850 - AT - Income TaxRevision under section 263 - in the absence of a positive finding of application of twin conditions that the order sought to be revised is erroneous and it is prejudicial to the interests of the revenue, it was not open for the ld. CIT to assume jurisdiction - Further, the ld. CIT while setting aside the assessment ought not to have given specific directions to the Assessing Officer to complete the assessment in a particular manner - Furthermore even after the setting aside assessment, the Assessing Officer having followed all the directions has completed the assessment at the same original amount i.e. Rs. 1,05,970 - Held that the order passed by the ld. CIT under section 263 squarely falls outside the purview of section 263 of the Act and accordingly the same is cancelled - Decided in favour of assessee.
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