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2021 (3) TMI 181

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..... examined and investigated the same in its correct perspective. The Tribunal found no error in the assessment order and also found that the CIT lacks jurisdiction to revise the assessment order in question. Ultimately, the Tribunal set aside the order passed by the CIT un/s 263 and restored the order passed by the Assessing Officer. On a perusal of the order passed by the Tribunal, it is clear .....

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..... or the Appellant : Mr.M.Swaminathan, Senior Standing Counsel assisted by Ms.V.Pushpa For the Respondent : M/s.Profexs Associates JUDGMENT M.DURAISWAMY, J. Challenging the order passed by the Income Tax Appellate Tribunal, Madras C Bench in I.T.A.No.1597/Mds/2007, the Revenue has filed the above appeal. 2.The Assessing Officer completed the assessment under Section 143 (3) .....

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..... e and that there was confirmation letters available before the Assessing Officer and therefore, the order passed lacks jurisdiction. In these circumstances, the Tribunal allowed the appeal filed by the assessee. Aggrieved by the order passed by the Income Tax Appellate Tribunal, the Department filed the above appeal. 3.The above appeal was admitted on the following substantial question of law: .....

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..... lso found that the CIT lacks jurisdiction to revise the assessment order in question. Ultimately, the Tribunal set aside the order passed by the CIT under Section 263 and restored the order passed by the Assessing Officer. 5.On a perusal of the order passed by the Tribunal, it is clear that the Tribunal has categorically held that the order passed by CIT is based on no reason and he has simply .....

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