2002 (9) TMI 43

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..... at the instance of the Revenue is, "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the Commissioner of Income-tax was not correct in invoking the provisions of section 263 of the Income-tax Act, 1961?" The assessee had filed a return for the assessment year 1982-83 showing a loss of Rs. 3,13,970. The Assessing Officer merely endorse .....

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..... Revenue by reason of the order of the Income-tax Officer. The Tribunal held that the pre-conditions for invoking the jurisdiction under section 263 of the Act were not available to the Commissioner as the order had not resulted in any prejudice to the Revenue. Learned counsel for the Revenue invited our attention to the case of Esthuri Aswathiah v. ITO [1961] 41 ITR 539 (SC) in which a three-judg .....

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