The Tax Publishers2013 TaxPub(DT) 2463 (Del-HC) : (2013) 054 (I) ITCL 0300 : (2013) 357 ITR 0388

 

DIT v. Jyoti Foundation

 

INCOME TAX ACT, 1961

--Revision--ValidityDirection of CIT to AO to conduct further enquiry--For the assessment year 2006-07, pursuant to a complaint made by reassessment notice under section 147 was issued to examine and verify the sale consideration received on sale of four plots, whereas it was alleged by the complainant that the total sale consideration received was Rs. 84 lakhs. The AO after conducting inquiry did not make any addition and accepted the consideration. DIT under section 263 directed AO to make enquiry from J and obtain the original bayana receipt at the time of examination of various persons and bring it to the notice of the purchaser as the signatures is apparently same and conduct other enquiries to arrive at proper conclusion on the veracity of bayana receipt in question and pass a fresh assessment in accordance with law after affording due opportunity of hearing to the assessee. Held: The order under section 263 itself records that the DIT felt that the inquiries were not sufficient and further inquiries or details should have been called. However, in such cases, as observed in the case of DG Housing Projects Ltd., the inquiry should have been conducted by the CIT or the DIT himself to record the finding that the assessment order was erroneous. He should not have set aside the order and directed the AO to conduct the said inquiry.

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