2015 (8) TMI 421

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.... Thakar, Advocate, for the respondent JUDGMENT Heard Shri Parchure, learned counsel for the appellant and Shri Thakar, learned counsel for the respondent. The Income-tax Appellate Tribunal ("the ITAT") by the impugned order dated June 30, 2009, found interference by the Commissioner of Income- tax ("the CIT") under section 263 of the Income-tax Act, 1961, unwarranted. Shri Parchure, le....

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.... Commissioner of Income-tax has placed back the matter for fresh consideration and, therefore, no prejudice is caused to the assessee. Shri Thakar, learned counsel, has invited our attention to the previous history. According to him, since the assessment year 1996-97, this practice is in vogue and the percentage of agricultural and non-agricultural receipt is worked out and in that proportion e....

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....adopted. It is not in dispute that in the return filed by the assessee (State Government Corporation), the receipts were, accordingly, mentioned and the expenditure for those receipts was, accordingly, apportioned and appropriated. This return has been accepted. As such, it cannot be said that the assessment order does not show any application of mind. The perusal of abovementioned judgment sho....