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2019 (11) TMI 413

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..... ack to AO on the ground that necessary enquiries were not conducted and he failed to apply his mind in all perspective on the issues mentioned in Paras 3(I), 3(II), 3(III) and 3(IV) of the show-cause notice dated 17.03.2008, as such the assessment order was set aside restoring file to AO for further verification. Tribunal while dealing with first substantial question of law as regards deposits introduced by members of AOP has recorded a categorical finding and held that CIT has not considered the assessment order as erroneous and prejudicial to the interest of revenue on the basis of these deposits at the time of examination of records and application of his mind thereto, it cannot be relevant to hold now that assessment order is erroneous .....

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..... based upon their conclusion that the order of the A.O. was neither erroneous nor prejudicial to the interest of the revenue on the issue relating to deposits introduced by the members of the AOP? 3. Whether on the facts in the circumstances of the case, the Hon'ble Income Tax Appellate Tribunal was justified in law in holding that assumption of jurisdiction by the CIT, relating to allowance of expenses by the AO without proper verification, was uncalled for and unjustified? 3. Brief facts giving rise to the appeal are, that assessee, having status of AOP consisting of 33 members, deriving income from retail as well as whole sale activity of country made foreign liquor in the District of Hanumangarh, Sawai Madhopur and Tonk in the State .....

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..... subject to verification, as the AO had not verified the accounts, as such the order passed by CIT under Section 263 for fresh assessment was in the interest of revenue and the order of assessment being erroneous and prejudicial to the interest of revenue was rightly remanded by the CIT. 6. It was also contended that ITAT had erred in law and facts by allowing appeal of assessee based on their conclusion that order of AO was neither erroneous nor prejudicial to the interest of revenue on issue relating to deposit introduced by members of AOP. He further submitted that ITAT had erred in law and on facts in holding that assumption of jurisdiction by CIT, relating to allowance to expenses by AO without proper verification was uncalled for and u .....

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..... and 3(IV) of the show-cause notice dated 17.03.2008, as such the assessment order was set aside restoring file to AO for further verification. 10. The Tribunal while dealing with first substantial question of law as regards deposits introduced by members of AOP has recorded a categorical finding and held that CIT has not considered the assessment order as erroneous and prejudicial to the interest of revenue on the basis of these deposits at the time of examination of records and application of his mind thereto, it cannot be relevant to hold now that assessment order is erroneous and prejudicial to the interest of revenue. Thus, the first question raised is finding of fact, and no interference is required. 11. As far as second substantial q .....

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..... details before him, and set aside the remand order. 13. We have carefully considered the rival submissions made by counsel for the parties and perused the material on record. 14. The second substantial question of law in regard to the allowance of expenses by AO without proper verification is concerned, we find that assessment order does not reveal the fact that the AO had made any verification of the allowances as claimed by assessee and the CIT had rightly remanded the matter so far as the verification of salary, rent and expenses in respect of wages and freight incurred by assessee and allowed by assessing authority, is concerned. 15. In view of the above, we are of the considered opinion that the matter needs to be remitted to the asse .....

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