TMI Blog2022 (5) TMI 1414X X X X Extracts X X X X X X X X Extracts X X X X ..... 143(3) of the Act, a questionnaire was issued by the Assessing Officer in the course of assessment proceedings to the assessee. The specific issues addressed by the appellant in the present proceedings were part of the questionnaire. Appellant is not in a position to point out as to what are those inquiries or verification which should have been made but have not been made by the Assessing Officer in the present case so as to make the present case fall within Explanation 2 attached to Section 263 - The substantial questions of law sought to be raised of the grounds of appeal are pure questions of fact which have been adequately answered by the Tribunal. - ITA No.205 of 2019 (O&M) and ITA No.213 of 2019 (O&M) - - - Dated:- 21-4-2022 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owers under Section 263 of the Act, passed the order dated 31st of March, 2018 holding that the assessment made by Assessing Officer was erroneous and prejudicial to the interest of Revenue as the Assessment Order had been passed without making inquiries or verification. 6. Aggrieved by the order passed under Section 263 of the Income Tax Act, the Assessee assailed the same before the Tribunal. Now appeal filed by the assessee has been allowed by the Tribunal vide order dated 27th November, 2018 (Annexure A-IV to this appeal). Against the said order (Annexure A-IV) Revenue is in appeal. 7. Mr. Rajesh Katoch, Ld. Senior Standing Counsel for the appellant submits that since the assessment was made without making inquiries and verificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nary Power cannot be left at the mercy of whims and fancies of Revisionary Authority the same should be brought out on record mere suspicions are not enough. In order to support the conclusion drawn reference may also be made to the decision of the Co-ordinate Benches in Narain Tatu Rane V ITO (supra) which clearly brings out that the explanation cannot be said to have overridden the law as incorporated by various High Courts which have consistently held that before reaching to the conclusion that the order of the AO is erroneous and prejudicial to the interests of the Revenue, the Revisionary authority itself has to undertake some enquiries to establish that the assessment order is erroneous and prejudicial to the interests of the Revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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