2010 (4) TMI 915

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....n the name of M/s. Vijay Enterprises and sales of Rs. 8,64,718 against closing stock of Rs.14,33,211. Aggrieved by the order passed by the learned Commissioner of Incometax, the assessee is now in appeal before this Tribunal. The assessee has taken the following grounds of appeal : 1. That the order is void, bad and illegal. 2. That the learned Commissioner of Income-tax, Bhagalpur, has passed the order ignoring the fact that the points raised in his notice have duly been examined by the learned Assessing Officer. 3. That the learned Commissioner of Income-tax, Bhagalpur, has challenged the opinion of the learned Assessing Officer, which was framed by the learned Assessing Officer after verifying the necessary records. In sup....

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....sment order, the learned authorised representative for the assessee submitted that the observations of the learned Commissioner that relevant enquiries were not made by the Assessing Officer were factually incorrect. He next submitted that the learned Commissioner has failed to rebut the aforesaid observations made by the Assessing Officer in the assessment order and therefore his action in cancelling the assessment order and restoring the matter to the file of the Assessing Officer, with the direction to pass a fresh assessment order is invalid and untenable in law. In reply, the learned Departmental representative supported the order passed by learned counsel for the Commissioner. He submitted that the learned Commissioner has invoked ....