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2022 (6) TMI 523 - AT - Income TaxRevision u/s 263 - Difference of cash deposited between pre-demonetization period and during demonetization period - difference of opinion - cash actually deposited during demonetization period was not properly examined by the Assessing Officer - HELD THAT:- We find that the Hon'ble Delhi High Court in the case of CIT Vs. Anil Kumar [2010 (2) TMI 75 - DELHI HIGH COURT] has held that where it was discernible from record that the A.O has applied his mind to the issue in question, the ld. CIT cannot invoke section 263 of the Act merely because he has different opinion.we are of the considered opinion that the assessment order dated 14.12.2019 framed u/s. 143(3) of the Act is neither erroneous nor prejudicial to the interest of the Revenue. Therefore, the assumption of jurisdiction u/s. 263 of the Act by the ld. CIT is bad in law. - Decided in favour of assessee.
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