TMI Blog1987 (8) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... e following question of law to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in reversing the order of the Commissioner of Income-tax made under section 263 and restoring that of the Income-tax Officer on the ground that the Commissioner of Income-tax had not made out a case that the assessment order framed by the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of Rs. 73,500 and the expenses of Rs. 44,873 shown by the assessee, the order passed by the Income-tax Officer was prejudicial to the interests of the Revenue. The Commissioner of Income-tax accordingly issued a notice to the assessee under section 263 of the Income-tax Act, 1961 (hereinafter referred to as " the Act "). The assessee, appeared before the Commissioner of Income-tax and con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Commissioner of Income-tax, therefore, set aside the order passed by the Income-tax Officer and directed the Income-tax Officer to make a fresh assessment according to law. Aggrieved by the order passed by the Commissioner of Income-tax, the assessee preferred an appeal before the Tribunal. The Tribunal held that the Commissioner of Income-tax, in his order, had failed to specify as to how th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee. It is well settled that where the Income-tax Officer made the assessment in undue hurry, accepting what the assessee stated in the return without making any enquiries, in the circumstances of the case, the Commissioner would be justified in holding the order of the Income-tax Officer to be erroneous. In the instant case, however, the Tribunal has found that the assessee had furni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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