S. 263 CIT not permitted to substitute his views with AOs view about computation of income

J L Morison (India) Ltd Vs ACIT (Kolkata ITAT) –  It is now settled law that if, while making the assessment, the AO examines the accounts and other details, makes enquiries, applies his mind to the facts and circumstances of the case and determines the income, the ld. C.I.T., while exercising his power under sec. 263 of the Act, is not permitted to substitute his own view about the computation of income in place of the income assessed by the A.O., unless the order of the A.O. is patently unsustainable in law.

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH- A, KOLKATA

Before Shri B.R.Mittal, Judicial Member & Sri C.D. Rao, Accountant Member

ITA No. 786 (Kol) of 2010

Assessment Year 2006- 07

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