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ITAT allowed the assessee's appeal and quashed the revisional order passed under s.263. The Tribunal held that the CIT failed to demonstrate any substantive material showing the impugned receipts were not professional income or that they fell within s.69/69A/69B; accordingly there was no justification to invoke s.115BBE. The AO had issued a s.142(1) questionnaire, the assessee furnished specific replies, and the AO accepted the claim and taxed the receipts at the normal rate. Mere absence of extended discussion in the assessment order did not render the order erroneous or lead to s.263 action. The revisional order was therefore set aside.
ITAT allowed the assessee's appeal and quashed the revisional order passed under s.263. The Tribunal held that the CIT failed to demonstrate any substantive material showing the impugned receipts were not professional income or that they fell within s.69/69A/69B; accordingly there was no justification to invoke s.115BBE. The AO had issued a s.142(1) questionnaire, the assessee furnished specific replies, and the AO accepted the claim and taxed the receipts at the normal rate. Mere absence of extended discussion in the assessment order did not render the order erroneous or lead to s.263 action. The revisional order was therefore set aside.
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