2015 (8) TMI 854

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....Respondent : Ashish Bansal ORDER Heard Sri Ashok Kumar, learned counsel for the appellant and Sri Ashish Bansal, learned counsel for the respondent. The assessee has derived his income from the business of manufacturing of Tobacco and Gutkha under the name and style of M/s Jagdambay Flavours at Kanpur and Bhopal. For the Assessment Year 2009-2010, the return filed by the assessee was proc....

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....ith the previous year because of the change in the charging of the excise duty which was compounded and was charged per machine at a fixed rate in this year irrespective of the fact whether production took place or not while excise duty in the preceding year was charged on the basis of sales. The assessing authority, while passing the assessment order found that considering the nature and trends o....

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....mpared to earlier assessment years. The assessee being aggrieved filed an appeal before the Tribunal, which was allowed and the order of the Commissioner of Income Tax, under Section 263 of the Act, was set aside. The department being aggrieved has filed the present appeal. Having heard the learned counsel for the appellant, we are of the opinion that Section 263 of the Act, cannot be exerci....