TMI Blog2012 (5) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... der was passed. It was the submission that the order passed by ld. CIT u/s 263 is bad in law and liable to be quashed. HELD THAT:- AO is not just a tax collector. He has to do the duty as an Officer, who is responsible for assessing the correct income. To prove an enquiry inadequate enquiry, CIT has to show that the enquiry and the opinion formed on the basis of such enquiry is fallacious. In the present case, the inquiry was made, documents were called for examination and opinion had been formed by the AO while passing the original assessment order. This has not been shown to be fallacious. Thus the order passed u/s 263 is unsustainable in law in so far as inquiry has been done by the AO when passing the original assessment order. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed written note dated 23.03.2009 by mentioning that the enquiry had been conducted by the Assessing Officer and the assessee had also provided all the details sought for. It was the submission that the reply filed by the assessee had not been accepted and the order was passed under section 263 by the ld. CIT on 24.03.2009 setting aside the assessment passed under section 143(3) r.w.s. 147 on 30.06.2006 with a direction to the Assessing Officer to conduct the desired in-depth enquiries regarding the exact sources of acquisition of assets shown by the assessee in her balance-sheet. It was the submission that the ld. CIT had also directed the Assessing Officer to examine as to whether there could be a 'Benami' nexus for the investment/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to submit various details. On perusal of the letter of the assessee dated 10.05.2006 to the Assessing Officer shows that the details called for by the Assessing Officer had been complied with. It was noticed that the Assessing Officer has subsequently issued another letter dated 19.06.2006 to the assessee asking for further clarification as also to produce the original bills of sale in respect of ornaments and jewellery. It was further noticed that on 26.06.2006, the Assessing Officer had issued another letter to the assessee asking for clarification in regard to the advances given to the two persons namely Shri Manash Kar and Smt. Su mana Kar and also the cash flow statement. It was noticed that the assessee had replied to the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally held that the order becomes erroneous because such an inquiry has not been made and not because there is anything wrong with the order if all the facts stated therein are assumed to be correct . In the present case, it shows that inquiry was made, documents were called for examination and opinion had been formed by the Assessing Officer while passing the original assessment order on 30.06.2006. This has not been shown to be fallacious. In this situation, we are of the considered view that the order passed under section 263 is unsustainable in law in so far as inquiry has been done by the Assessing Officer when passing the original assessment order. In such circumstances, the order passed I.T.A. No. 1128/Kol/2009 Assessment year 1999-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, the Assessing Officer called for specific details, confirmations and even ITA No. 1128/Kol/2009 Assessment year 1999-2000 copies of bills. It could not, therefore, be said that sufficient enquiries were not conducted. However, what is opinion formed as a result of these enquiries is something which is in exclusive domain of the Assessing Officer, and even if Commissioner has such results of enquiries, the resultant order cannot be subjected to revision proceedings. The conclusions arrived at as a result of enquiries cannot be tinkered with in the revision proceedings. The conclusions being drawn up as a result of enquiry is a highly subjective exercise and as to what is appropriate conclusion is something on which perceptions vary from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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