TMI Blog2017 (11) TMI 1684X X X X Extracts X X X X X X X X Extracts X X X X ..... ss some specific instruction or prescription of a particular section of the Act has not been carried by the AO or else the AO has not conducted enquiry as demanded by law. In our considered opinion, this is not such a case. The twin conditions of Section 263 as discussed above in detail are not found to coexist. - Decided against the revenue. - D.B. Income Tax Appeal No. 137/2014 - - - Dated:- 7- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer did not conduct proper inquiries. ii) Whether the Tribunal was legally justified in holding that the twin conditions as per provision of section 263 did not co-exist and the Assessing Officer could not propose his own order to be erroneous and prejudicial to the interest of the revenue? 3. The Tribunal while deciding the matter has observed as under:- 2.7. Adverting to the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is no such procedure laid under this Section wherein the AO himself can propose the order to file u/s 263 of the Act. This action of the AO is unwarranted and not legal. On the basis of such proposal, the ld. CIT cannot take action as he has taken in this regard. The decision of ITAT Lucknow Bench in the case of Jheendu Ram vs. CIT, 130 TTJ (Luck) and ITAT Jaipur Bench in the case of Rajeev Aror ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o proper verification. The verification done by the AO is also to be treated as proper unless some specific instruction or prescription of a particular section of the Act has not been carried by the AO or else the AO has not conducted enquiry as demanded by law. In our considered opinion, this is not such a case. The twin conditions of Section 263 as discussed above in detail are not found to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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