TMI Blog2009 (12) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Assessing Officer and further directed the Assessing Officer to pass a fresh assessment order by following the procedure contemplated under Section 50 C (2)(b) of the Income Tax Act. – held that - Remanding the matter, the Commissioner of Income Tax (Appeals) ought not to have given a specific direction to complete the assessment in a particular manner. Further, the Tribunal has only set aside the above said direction by which the Assessing Officer was directed to complete the assessment by following Section 50 C (2)(b) of the Act – No power to CIT to direct the assessing officer to make assessment in a particular manner – decided against the revenue - 1310 OF 2009 - - - Dated:- 7-12-2009 - Mr. K.Raviraja Pandian And Mr. M.M.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als), Chennai VI, has set aside the order passed by the Assessing Officer and further directed the Assessing Officer to pass a fresh assessment order by following the procedure contemplated under Section 50 C (2)(b) of the Income Tax Act. (iii) Challenging the above said order, the assessee filed a further appeal before the Tribunal and the Tribunal by an order dated 19.06.2009 has allowed the appeal filed by the assessee in part by deleting the direction given by the Commissioner of Income Tax (Appeals) by invoking the procedure contemplated under Section 50 C (2)(b) of the Act to value the capital asset in a particular manner. (iv) Challenging the same, the revenue has filed the present appeal by formulating the above stated substanti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to hold that the power under Section 263 is rather wide provided the Commissioner will have to satisfy himself with the order passed by the Assessing Officer is both erroneous and prejudicial to the interests of the revenue. Therefore, there is no difficulty in accepting the contention of the revenue that exercising the power under Section 263 of the Income Tax Act, 1961 is correct and proper. However the question to be considered in the present case is as to whether while exercising such a power, the Commissioner can direct the Assessing Officer to complete the assessment in a particular manner in accordance with law with the directions. 6. The contention of the learned counsel for the revenue cannot be accepted for the reason that while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment order. The Court should not try to control the mode and manner in which an assessment should be made. If the Assistant Collector is of the view that enquiries are necessary to be made as to the price at which trucks were sold at the Regional Sales Offices, the court cannot stop him from making such enquiries". 8. A reading of the above said Judgment would clearly show that while remanding the matter, the Commissioner of Income Tax (Appeals) ought not to have given a specific direction to complete the assessment in a particular manner. Further, the Tribunal has only set aside the above said direction by which the Assessing Officer was directed to complete the assessment by following Section 50 C (2)(b) of the Act. We do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
