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| The Tax Publishers2019 TaxPub(DT) 4412 (MP-HC) : (2019) 415 ITR 0134 INCOME TAX ACT, 1961
Section 263
Where AO simply accepted claim of assessee without examining the same and therefore, the present case was one where the said order of assessment was erroneous as well as prejudicial to the interest of revenue on account of lack of enquiry and application of mind to the facts of the case by AO.
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Revision under section 263 - Validity - Erroneous and prejudicial order -
Assessee challenged order of CIT contending that without considering documents on record or the reply of assessee, CIT passed order invoking the powers under section 263 and remitting the matter back to AO for conducting a proper assessment. Held: In the instant case, though the assessee has submitted records before AO, he has simply accepted claim of assessee without examining the same and therefore, the present case was one where the said order of assessment was erroneous as well as prejudicial to the interest of revenue on account of lack of enquiry and application of mind to the facts of the case by AO.
REFERRED :
FAVOUR : Against the assessee
A.Y. :
IN THE MADHYA PRADESH HIGH COURT AT JABALPUR
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