https://www.taxtmi.com/caselaws?id=16713 Whether the Commissioner's revision under s.263 was valid when the AO had not properly enquired whether receipts from letting godowns/buildings were assessable as business income or income from house property was the dominant issue. The HC held that absence of necessary enquiry rendered the assessment "erroneous and prejudicial to the interests of the Revenue," justifying s.263 intervention. It further held that the Commissioner correctly avoided prejudging the head of income and merely directed the AO to conduct a fresh enquiry after hearing the parties, so the Tribunal erred in cancelling the revision on the ground that the issue was debatable. The Tribunal's order was set aside and the matter stood remitted to the AO for enquiry. en-us Thu, 11 Sep 1997 00:00:00 +0530 Mon, 29 Dec 2025 18:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=16713 Whether the Commissioner's revision under s.263 was valid when the AO had not properly enquired whether receipts from letting godowns/buildings were assessable as business income or income from house property was the dominant issue. The HC held that absence of necessary enquiry rendered the assessment "erroneous and prejudicial to the interests of the Revenue," justifying s.263 intervention. It further held that the Commissioner correctly avoided prejudging the head of income and merely directed the AO to conduct a fresh enquiry after hearing the parties, so the Tribunal erred in cancelling the revision on the ground that the issue was debatable. The Tribunal's order was set aside and the matter stood remitted to the AO for enquiry. Case-Laws Income Tax Thu, 11 Sep 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=16713