TMI Blog2017 (9) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... could have maintained the order of the Commissioner but with independent and satisfactory reasons. There being no independent application of mind, we do not think that the initial order can be sustained. Hence, we proceed to admit this appeal on the following substantial questions of law: “(A) Whether, on the facts and in the circumstances of the case, and in law, the revision under section 263 of the Income Tax Act of the assessment order was called for? (B) Whether, on the facts and in the circumstances of the case, and in law, the revision order passed by the Respondent under section 263 of the Income Tax Act, 1961 was bad, illegal and without jurisdiction?” - Income Tax Appeal No. 245 of 2015 - - - Dated:- 12-9-2017 - S.C. DHAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pended with a note. The appellant had leased out a part of these units to one M/s. Old Anchor Club. For the immediate assessment year but preceding the subject-assessment year, the case of the appellant was selected for scrutiny assessment and during the course of which the Assessing Officer addressed a letter dated 17.2.2006 to the appellant to show cause as to why its claim should not be disallowed. A reply was filed on 7.3.2006 (Exhibit-B) and after considering the same, a detailed order was passed dealing with the issue in the assessment proceedings. 5. Once again, for the Assessment Year 2004-05, the case of the appellant was selected for scrutiny. After examining the details of income and expenditure, the Assessing Officer examined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 263 but the manner in which the power thereunder has been exercised. Therefore, the Tribunal mistook the matter at the initial stage as containing a very limited request. It, therefore, disposed of the main appeal in a short but cryptic order without adverting to the basic and fundamental issue raised for its consideration. 10. Mr. Jain invited our attention to para 5 of the Tribunal's order, running page 153, and which is impugned in this appeal. Thereafter, he invited our attention to page 156 of the paper-book, which is a copy of the application styled as Miscellaneous Application seeking to rectify mistake in the order passed on 19.6.2013. In that Mr. Jain would submit that the Tribunal was obliged to consider whether the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enabling the Principal Commissioner/Commissioner to step in. If the preconditions of the said provision are not at all fulfilled, then, whether the Commissioner was still justified in stepping in, was, therefore to say, the prime issue. It has found that his intervention was justified though the manner of exercise of the power thereunder could have been faulted and modified the direction through its order. However, without commenting in any manner and concluding that the invocation of the power was justified, the Tribunal has disposed of the matter. In a way it has made a short shrift or resorted to a shortcut. We do not think that this is a satisfactory way of deciding appeals and as a last fact finding authority. It was incumbent on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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