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| The Tax Publishers2019 TaxPub(DT) 5268 (All-HC) : (2020) 420 ITR 0216 : (2019) 311 CTR 0336 : (2019) 267 TAXMAN 0018 INCOME TAX ACT, 1961
Section 263
Once inquiry was made, mere non discussion or non-mention thereof in assessment order could not reneder assessment order to be erroneous and prejudicial.
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Revision under section 263 - Erroneous and prejudicial order - Non-discussion about enquiry made by AO in assessment order -
CIT held assessment order to be erroneous and prejudicial to the interest of revenue on the ground of AO not having made enquiry as regards unsecured loans and creditors, etc.Held: As evident, AO had raised 28 queries from assessee as regards impugned issue and same were which was also replied by assessee along with the documentary evidence with regard to each query. Once inquiry was made, mere non discussion or non-mention thereof in assessment order could not reneder assessment order to be erroneous and prejudicial
REFERRED : CIT v. Krishna Capbox (P) Ltd. (2015) 372 ITR 310 (All) : 2015 TaxPub(DT) 1387 (All-HC).
FAVOUR : In assessee's favour.
A.Y. : 2007-08
IN THE ALLAHABAD HIGH COURT
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