2014 (2) TMI 1237 - HC - Income Tax

Revision under Section 263 - Held that - This Court has considered the Tribunal s determination made on the basis of a detailed scrutiny of the material available to the assessing officer which had been enquired into at the stage of assessment. In our opinion the Tribunal s finding with regard to the proprietary of the Commissioner s exercise power under Section 263 of the Income Tax Act cannot be termed as erroneous.

Summary

Issues:
Challenge to ITAT order setting aside Commissioner's order under Section 263 of the Income Tax Act.

Analysis:
The High Court addressed the appeal challenging the ITAT's order dated 31st May, 2013, which set aside the order of the Commissioner of Income Tax made under Section 263 of the Income Tax Act. The Court carefully considered the submissions and observed that the ITAT's order discussed the assessment proceedings of the relevant year, highlighting the detailed inquiry conducted by the Income Tax Officer into the disclosures. The Court noted that the impugned order extensively analyzed the material available. Based on this material, the Tribunal concluded that the exercise of revisional power by the Commissioner was unjustified in the specific circumstances of the case.

Upon reviewing the Tribunal's decision, the Court emphasized that the Tribunal's determination was based on a thorough scrutiny of the material examined by the assessing officer during the assessment stage. The Court opined that the Tribunal's finding regarding the propriety of the Commissioner's exercise of power under Section 263 of the Income Tax Act was not erroneous. Consequently, the Court concluded that no substantial question of law arose from the circumstances presented in the case.

In the final judgment, the Court dismissed the appeal, affirming the ITAT's decision to set aside the Commissioner's order under Section 263 of the Income Tax Act.