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2017 (9) TMI 1039 - HC - Income TaxScope of revision u/s 263 - order erroneous and prejudicial to the interest of Revenue - Held that:- Without commenting in any manner and concluding that the invocation of the power was justified, the Tribunal has disposed of the matter. In a way it has made a short shrift or resorted to a shortcut. We do not think that this is a satisfactory way of deciding appeals and as a last fact finding authority. It was incumbent on the Tribunal to have gone into the facts and circumstances and equally the legal issue in depth and it could have arrived at a different conclusion or could have maintained the order of the Commissioner but with independent and satisfactory reasons. There being no independent application of mind, we do not think that the initial order can be sustained. Hence, we proceed to admit this appeal on the following substantial questions of law: “(A) Whether, on the facts and in the circumstances of the case, and in law, the revision under section 263 of the Income Tax Act of the assessment order was called for? (B) Whether, on the facts and in the circumstances of the case, and in law, the revision order passed by the Respondent under section 263 of the Income Tax Act, 1961 was bad, illegal and without jurisdiction?”
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