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The Tax Publishers2012 TaxPub(DT) 0674 (P&H-HC) : (2012) 045 (I) ITCL 0135 : (2012) 340 ITR 0344 INCOME TAX ACT, 1961 --Revision under section 263--Erroneous and prejudicial orderRelevat enquiry not made by AO--Assessee filed its return of income AO made addition on account of disallowance of certain expenses. CIT(A) passed order under section 263 held that AO had not considered the whole matter appropriately and passed the order which was erroneous and prejudicial to the interest of the revenue. CIT(A) set aside order of AO and remanded back to issue fresh one after considering the whole issue. On appeal to Tribunal, assessee appeal was allowed. *Held:* None of the issues had been considered and analysed by AO as has been noticed by CIT(A). AO could not considered the higher side of income as surrendered by assessee himself. The matter was, therefore, remitted back to the Tribunal. Income Tax Act, 1961 Section 263 IN THE PUNJAB & HARYANA HIGH COURT ADARSH KUMAR GOEL, ACTG.,CJ. & AJAY KUMAR MITTAL, J. CIT v. Raja Industries IT Appeal No. 855 of 2010 A.Y. 2004-05 July 11, 2011 Appellant by : Denesh Goyal ORDER *Ajay Kumar Mittal, J.* This appeal under section 260A of the Income-Tax Act, 1961 (for short 'the Act') has been filed by the revenue against the order dated 6-8-2009, passed by the Income Tax Appellate Tribunal Chandigarh Bench (B), Chandigarh (in short 'the Tribunal') in ITA No. 757/CHANDI/2008, relating to the assessment year 2004-05. 2. The following substantial questions of law have been claimed for determination of this Court: '(i) Whether on the facts and circumstances of the case, the Hon'ble ITAT was right in law in setting aside the order under section 263 passed by the Commissioner by holding that Commissioner has not furnished any opinion on any of the issues raised in his order under section 263? SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2012 TaxPub(DT) 0674 (P&H-HC) : (2012) 045 (I) ITCL 0135 : (2012) 340 ITR 0344

INCOME TAX ACT, 1961

--Revision under section 263--Erroneous and prejudicial orderRelevat enquiry not made by AO--Assessee filed its return of income AO made addition on account of disallowance of certain expenses. CIT(A) passed order under section 263 held that AO had not considered the whole matter appropriately and passed the order which was erroneous and prejudicial to the interest of the revenue. CIT(A) set aside order of AO and remanded back to issue fresh one after considering the whole issue. On appeal to Tribunal, assessee appeal was allowed. Held: None of the issues had been considered and analysed by AO as has been noticed by CIT(A). AO could not considered the higher side of income as surrendered by assessee himself. The matter was, therefore, remitted back to the Tribunal.

Income Tax Act, 1961 Section 263

IN THE PUNJAB & HARYANA HIGH COURT

ADARSH KUMAR GOEL, ACTG.,CJ. & AJAY KUMAR MITTAL, J.

CIT v. Raja Industries

IT Appeal No. 855 of 2010

A.Y. 2004-05

July 11, 2011

Appellant by : Denesh Goyal

ORDER

Ajay Kumar Mittal, J.

This appeal under section 260A of the Income-Tax Act, 1961 (for short 'the Act') has been filed by the revenue against the order dated 6-8-2009, passed by the Income Tax Appellate Tribunal Chandigarh Bench (B), Chandigarh (in short 'the Tribunal') in ITA No. 757/CHANDI/2008, relating to the assessment year 2004-05.

2. The following substantial questions of law have been claimed for determination of this Court:

'(i) Whether on the facts and circumstances of the case, the Hon'ble ITAT was right in law in setting aside the order under section 263 passed by the Commissioner by holding that Commissioner has not furnished any opinion on any of the issues raised in his order under section 263?