Income Tax

If there is lack of enquiry on part of A.O., provisions of section 263 can be applied

By TG Team Income Tax Judiciary September 8, 2010

TaxGuru Citation: 2010 taxguru.in 4
Case Name: Shiva Automobiles Vs ITO (ITAT Agra)
Appeal Number: Only available for paid members
Date of Judgement/Order: Only available for paid members
Courts: ITAT Agra

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ITAT AGRA BENCH, AGRA (THIRD MEMBER)

Shiva Automobiles Vs ITO,

APPEAL NO: ITA No. 110/Agr./2006,

April 13, 2010

ORDER

PER P.K. BANSAL, A.M.:

In this case the difference arose between the Members of the Division Bench hearing this appeal. Therefore, the matter was referred to the opinion of the ld. Third Member. The ld. Third Member has agreed with the view of the ld. Accountant Member. Therefore, in view of the majority decision, the assessee’s appeal is partly allowed.

2. In the result, appeal of the assessee is treated as allowed in part. (Order pronounced in the open Court on 13.04.2010).

Sd/- Sd/-

(R.K. GUPTA) (P.K. BANSAL) Judicial Member Accountant Member Place: Agra

Date: 13th April, 2010.

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ORDER

This appeal came before me as a Third Member to express my opinion on the following question :-

“Whether, in the given facts and the circumstances of this case, the assessment order in question, is not erroneous, in so far as it is prejudicial to the interests of the Revenue or it is partly so ?”

2. The brief facts of the case are given in the detailed orders of my ld. Brothers. Yet, for the disposal of this case, it is necessary for me to restate the facts in brief.