Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 63 - AT - Income TaxRevision u/s 263 - no proper inquiry was made by AO - Held that:- It is very clear that if there is an inquiry even inadequate that would not by itself gives power to the Commissioner to pass order under Section 263 of the Act merely because he had a different opinion in the matter. It is only in the cases of total lack of inquiry that the revision under section 263 would be justified. The assessment can’t be set aside to the file of the Assessing Officer for the purposes of further inquiry/investigation and to come to the conclusion that the assessment order is erroneous. The CIT himself has to conduct the inquiry before the order under Section 263 is passed. Assessing Officer as an investigator of the case, it is open to him where to start or stop inquiry. The CIT(A) cannot direct the Assessing Officer to conduct inquiry in a particular manner since it is a well settled principle of law that the Commissioner had no valid power to direct the Assessing Officer to frame the assessment order in a particular manner. In these circumstances, we have no hesitation to quash the order passed under Section 263 of the Act by the CIT - Decided in favour of assessee.
|