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TMI Blog2016 (1) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... ANURAN SAMANTA,ADVOCATES The Court : The appeal is directed against a judgment and order dated 20th February, 2015 passed by the learned Incometax Appellate Tribunal "A" Bench, Kolkata pertaining to the Assessment Year 2009-10. Briefly stated the facts and circumstances of the case are as follows:- On 27th December, 2011, assessment under section 143(3) was completed for the Assessment Year 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s like imposition of penalty, prosecution etc. He did not stop at that. He also passed an order which reads as follows:- "The AO is directed to take appropriate action as per I.T. Act for taxing the undisclosed income of respective amount for A.Yr. 2008-09 & A.Yr. 2010-11. The other consequences, including penalty & prosecution as per I.T. Act, to follow as per Law." Challenging the aforesaid o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e revenue do not show that there was any examination of records by the ld. CIT himself before issuing of notice u/s 263 of the Act. In absence of valid notice issued u/s 263 of the Act the jurisdiction assumed by the ld.CIT is bad and hence the order passed u/s 263 of the Act is not sustainable. Accordingly in the background of the aforesaid discussion in our considered opinion the jurisdiction as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case, we are of the opinion, that there were reasons enough to revise the assessment order dated 27th December, 2011. The assessing officer did, in fact, accept the deposits made in the savings bank account of the assessee without making the slightest of enquiry with regard to the claims and contentions put forward by the assessee. There was, as such, reason enough to think that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, we are, however, of the opinion that the learned Tribunal was not justified in setting aside the order under section 263 of the Act as a whole and that too finally. For the aforesaid reasons, in the facts of the case, we answer the question in the negative. The matter is now remanded to the assessing officer. He shall re-assess the income of the assessment year 2009-10 in accordance with law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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