TMI Blog2002 (7) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... essment years 1980-81 and 1981-82 :- 1. Whether, on the facts and circumstances of the case, the Appellate Tribunal is right in law in setting aside the order made by the CIT u/s. 263 of the I.T. Act, 1961 ? 2. Whether, the Tribunal is right in law and on facts in holding that even if there is an omission or mistake with regard to certain items it was not proper as found in the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For assessment year 1981-82, the return of income was filed on 13.1.1983 and notice under Section 143(2) of the Act was issued which was duly complied with and necessary details were furnished and proper explanation was also given in response to the said notice. The Income-tax Officer has framed the assessment determining the total income of ₹ 19,110/-. The Commissioner of Income-tax (Inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is pertinent to note here that the assessee has preferred appeals before the Tribunal against the order passed by the Commissioner of Income-tax under Section 263 of the Act and while disposing of the appeals of the assessee, the Tribunal has come to the conclusion that there is no material brought on record to justify that there was an error or omission or failure on the part of the Income-t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and since the Tribunal has referred to the order of the present assessee while disposing of the appeal of M/s Arvind Jewellers, we are of the view that the reference would meet with the same fate. 4. Following our decision in CIT vs. M/s Arvind Jewellers being ITR No. 174 of 1989, we are of the view that the Tribunal was right in setting aside the order under Section 263 of the Act. We are also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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