2011 (2) TMI 270

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....p; AJAY KUMAR MITTAL, J.   The paper-books of Income Tax Appeal Nos. 383 and 384 of 2006, which are being disposed of by a single order as similar questions of law have been raised therein, have not been received from the concerned Branch as the same are said to have been burnt in the fire incident that took place in the premises of this Court on the night of 30th January, 2011. Learned....

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.... the circumstances of the case, the Hon'ble ITAT was right in law in cancelling the order passed by the CIT under section 263 setting aside the assessment framed by the A.O. by holding that the same was erroneous in so far as it was prejudicial to the interest of revenue and having been framed without application of mind by the AO as held by the Hon'ble Supreme Court of India in the case of Malaba....

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....he matter remained pending before the wrong forum, i.e. from September 2001 to 31.7.2002, was excluded from the statutory period for completion of assessment proceedings under Section 158BC of the Act. Later on a notice under Section 158BC was issued and served on the assessee on 5.2.2003. The assessee in compliance thereto filed return of income for the block assessment period declaring undisclos....

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....r the order passed by the assessing officer on 3.9.2003 was erroneous, insofar as it was prejudicial to the interest of the Revenue and, therefore, the Commissioner of Income Tax, Karnal, was justified in taking recourse to action under Section 263 of the Act? A perusal of the order of CIT clearly shows that the assessment had been finalised without making enquires relating to following matters: &....