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2014 (4) TMI 1016 - BOMBAY HIGH COURTValidity of jurisdiction u/s 263 of the Act – Held that:- The view taken by the AO was a possible view - The question was debatable - the power u/s 263 could not have been invoked by the Commissioner – the questions cannot be termed as substantial questions of law - It is clearly an attempt to re-appreciate and reappraise the factual materials - After the scrutiny and assessment of all materials placed on record, the facts before the Commissioner did not justify arriving at the requisite satisfaction - it has scrutinized the claims and found that substantial part are covered by the earlier orders of the Tribunal - The truck hire charges claimed have not been found to be worth reopening, particularly because the assessee was in the very (milk and dairy) business – Decided against Revenue.
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