https://www.taxtmi.com/caselaws?id=193010 The Tribunal held that the Commissioner of Income Tax (CIT) was not justified in invoking section 263 of the Income Tax Act, 1961. The Tribunal found that the assessment order was not erroneous or prejudicial to the interest of revenue as the Assessing Officer had conducted enquiries regarding the sales tax issue. The CIT's direction for a fresh assessment contradicted the requirement of section 263, which necessitates a categorical finding of error in the original order. As the CIT did not provide a concrete finding on the case's merits and merely ordered further enquiry, the Tribunal allowed the assessee's appeal, setting aside the CIT's order. en-us Tue, 15 Mar 2016 00:00:00 +0530 Sat, 08 Jul 2017 07:40:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193010 The Tribunal held that the Commissioner of Income Tax (CIT) was not justified in invoking section 263 of the Income Tax Act, 1961. The Tribunal found that the assessment order was not erroneous or prejudicial to the interest of revenue as the Assessing Officer had conducted enquiries regarding the sales tax issue. The CIT's direction for a fresh assessment contradicted the requirement of section 263, which necessitates a categorical finding of error in the original order. As the CIT did not provide a concrete finding on the case's merits and merely ordered further enquiry, the Tribunal allowed the assessee's appeal, setting aside the CIT's order. Case-Laws Income Tax Tue, 15 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193010