TaxTMI 
TaxTMI 
2007 (5) TMI 188
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....he order and remanded the matter back for fresh enquiry by giving opportunity to the appellant-assessee to lead evidence in connection with the facts in issue. The order of the Commissioner was taken further by way of appeal before the Tribunal. The Tribunal also found that the Commissioner has exercised the revisional jurisdiction in a proper manner and accordingly the said order was confirmed by the Income-tax Appellate Tribunal, Jodhpur. The orders passed by the Commissioner and the Tribunal are impugned in this appeal. While admitting this appeal, this court has formulated the following question: "Whether, on the facts and circumstances of the case, the Commissioner having issued show-cause notice under section 263, giving the detail....
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....d to be noted that the cogent reasons have been given by the Commissioner in his order as to why the order of the Assessing Officer is required to be interfered with. While exercising the revisional jurisdiction, the Commissioner has found that the matter was required to be sent back for further scrutiny. The Commissioner also found that the assessee was required to furnish the details of expenses debited to income and expenditure account under the various heads. In paragraphs 5 and 5.1 of the order, the Commissioner has observed as under: "5. The assessee has shown the net profit of Rs. 2,46,226 against the commission receipt of Rs. 6,79,787. The expenses against the commission receipts were claimed to the tune of P.s. 4,33.561. In rega....
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....ng further inquiry/investigation which shows that the assessment has been completed in routine manner without applying his mind. 5.1 During the course of proceedings under section 263 of the Income-tax Act, 1961, learned counsel for the assessee has contended, vide letter dated March 24, 2005, that the Assessing Officer has thoroughly examined, investigated and verified the issue and thereafter an addition of Rs. 10,000 was made. It is further stated that the expenses claimed were duly verified by the Assessing Officer during the course of assessment proceedings and the order passed on such basis is not erroneous and prejudicial to the Revenue. As mentioned above, in paragraph 5 that the Assessing Officer has accepted the submission o....
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....decision of the hon'ble Punjab and Haryana High Court in the case of CIT v. Export House [2002] 256 ITR 603." 5. The Commissioner of Income-tax also found that the assessee was required to give details of the properties with source of investment and details of renovation with source of investment, but such details were not furnished on the ground that the assessee was not in possession of the same. It has also been found that the Assessing Officer has accepted the submission of the assessee though he showed his inability to furnish the details as required. The Commissioner of Income-tax in view of the decision of the hon'ble Income-tax Appellate Tribunal Mumbai Bench in the case of Schenectady Beck India Ltd. v. Deputy CIT (No. 1) [2005]....