TMI Blog1999 (12) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment. Later on, the successor CIT was of the view that the order passed by the Assessing Officer under section 158BC was erroneous and prejudicial to the interest of Revenue. He invoked his jurisdiction under section 263 and issued the following notice : "On perusal of your income-tax records for the above Assessment years, it is seen in computing the undisclosed income, additions were made on account of on money payment of Rs. 10 per box to M/s. S.N. Products during the Assessment year 1994-95 and assessment year 1995-96. However, from the case records of M/s. S.N. Products, it is seen that such unexplained on money received from M/s J.R. Agarwal Co. was at the rate of Rs. 15 per box as against Rs. 10 per box considered in your case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clude the full amount paid by the assessee to M/s. S.N. Products i.e., Rs. 15 per box as adduced by Smt. Godbole in her preliminary statement and also considering the amounts, if any, deductible out of the same to the extent of Rs. 5 per box. 4. Aggrieved by the order of the CIT the assessee is in appeal before us. 5. Shri S.N. Doshi, the learned counsel for the assessee reiterated the submissions made before the CIT that the action of invoking the provisions of section 263 by the CIT is void ab initio, bad in law inasmuch as there cannot be revisional jurisdiction conferred on the CIT where the block assessment under consideration was passed by the Assessing Officer only on and after the due approval of the predecessor CIT. He submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment or cancelling the assessment and directing a fresh assessment. The section therefore, amply and clearly provides that the Commissioner can revise only that order which is passed by the Assessing Officer . In other words, the Commissioner cannot revise his own order. In the instant case, it is an admitted fact that the assessment was completed by the Assessing Officer under section 158BC of the Act. The Assessing Officer initially passed the draft assessment order and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
