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TMI Blog2017 (3) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... as quashed and set aside the order passed by the revisional authority (CIT) cancelling the order dated 28/03/2013 passed under Section 143(3) of the Income Tax Act (hereinafter referred to as "the Act"), revenue has preferred the present Tax Appeal with the following proposed question of law; "Whether the Appellate Tribunal is right in law and on facts in cancelling the order passed by CIT under Section 263 of the Act even though it has clearly been brought out that the order of the Assessing Officer is erroneous and prejudicial to the interest of revenue in as much as the receipts corresponding to TDS were not fully disclosed by the assessee in the return of income?" [2.0] The facts leading to the present Appeal in a nutshell are as und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent order passed under Section 143(3) of the Act dated 28/03/2013 for the Assessment year 2010-11, the assessee preferred Appeal before the learned tribunal, being ITA No.1461/Ahd/2015 and by the impugned judgment and order the learned tribunal has allowed the said Appeal and has quashed and set aside the order passed by the learned CIT following the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax Vs. Max India Ltd. reported in 295 ITR 282 (SC). Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned tribunal, revenue has preferred the present Appeal with the aforesaid proposed question of law. [3.0] Shri M.R. Bhatt, learned Counsel appearing on behalf of the revenue h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Shri M.R. Bhatt, learned Counsel appearing on behalf of the revenue and the ground on which the revisional authority resorted to the revisionary proceedings, we are of the opinion that on merits the learned tribunal is justified in interfering with the order passed by the learned CIT. The issue with respect to the claim of TDS made by the assessee was as such debatable and the view taken by the Assessing Officer can be said to be plausible view. Under the circumstances, considering the decision of the Hon'ble Supreme Court in the case of Max India Ltd.(Supra), the learned tribunal is justified in quashing and setting the order passed by the learned CIT. Even the second issue namely charging of interest under Section 220(2) of the Act is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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