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2018 (9) TMI 107 - HC - Income TaxRevision u/s 263 - records did not reveal any inquiry being conducted by the Assessing Officer - Held that:- n the revisional authority’s order, there is no specific discussion on the question as to whether the assessee comes within the ambit of Section 70 of the 1961 Act or not and the revisional authority appears to have proceeded on the basis of that the assessee’s case is covered by Section 73 of the Act. The main reasoning of the Commissioner exercising his jurisdiction under Section 263 of the Act for remanding the matter to the Assessing Officer was that the records did not reveal any inquiry being conducted by the Assessing Officer. The Tribunal, however, found on fact that such inquiry was made and this appears from the above quoted passages of the decision of the Tribunal. In course of hearing Mr. Mitra contended that the fact that such inquiry was made did not appear from the assessment order and hence, there was no error in the decision of the Commissioner. But that is not the specific factor which had persuaded the Commissioner to remand the matter. As we have already observed, the Commissioner’s view was that no inquiry was made. The Tribunal found otherwise. In the event such inquiry was made, we do not think it was necessary that the nature and scope of such inquiry ought to have been clearly spelt out in the assessment order. Tribunal has come to a finding that the Assessing Officer did make sufficient inquiry and on law also, the Tribunal has given its finding. We do not find the decision of the Tribunal to be erroneous.
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