2015 (6) TMI 398

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....V James and sri Tom Thomas (kakkuzhiyil) For the Respondent : Sri P K R Menon, Sr.Counsel, GOI (Taxes) and Sri Jose Joseph, SC JUDGMENT Antony Dominic,J. This appeal is filed against the order of the Income Tax Appellate Tribunal, Cochin Bench confirming the order passed by the Commissioner of Income Tax in exercise of his powers under Section 263 of Income Tax Act for the assessment year 2005....

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....llenged before us. 2. We heard Senior Counsel for the appellant and the learned Standing Counsel for the Revenue. 3. Relying on the judgment of the Delhi High Court in Income Tax Officer V. DG Housing Projects Ltd. (2012) 343 ITR 329 (Delhi), counsel for the appellant contended that to sustain an order under Section 263 of the Act, the Commissioner has to come to the conclusion and himself decid....