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2022 (4) TMI 1069 - AT - Income TaxRevision u/s 263 by CIT - As per CIT AO has wrongly adjusted carry forward business loss and unabsorbed depreciation loss while passing the assessment order for A.Y. 2010-11 - HELD THAT:- We find that the ld. CIT relied on various judgments holding that when the AO did not make proper enquiry and accepted the return income of the assessee, the revision order u/s. 263 is justified. On perusal of assessment order u/s. 143(3) of the Act, we observe that there is no discussion in this regard to the points raised by the ld. CIT in the impugned order. We observe that the ld. CIT in the impugned order has categorically held that the AO has not made any enquiry, inter alia, directed the AO to make fresh assessment When Findings of the ld. CIT was confronted to ld. A.R. of the assessee that whether the AO has conducted any enquiry on the above aspects, no satisfactory reply was forthcoming. From the above, we observe that the Assessing Officer has not made any enquiry and examination of the matter. We also observe that the CIT has directed the AO to make proper enquiry and pass fresh assessment order after giving due opportunity of hearing to the assessee. Hence, we do not find any infirmity in the order of the ld. CIT, which is hereby confirmed - Decided against assessee.
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