2016 (9) TMI 703

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.... AKIL KURESHI) 1. Leave to amend by substituting the questions of law framed. 2. In the present form the Revenue suggests following questions for our consideration while challenging the judgement of Income Tax Appellate Tribunal dated 30.11.2015: "a. Whether in the facts and in the law the ITAT is justified in deleting the addition of Rs. 73,23,998/- added by the A.O. On account of ....

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....(3) of the Act which was taken in revision by the Commissioner in exercise of powers under Section 263 of the Act. The Commissioner by an order dated 28.11.2008 came to the conclusion that the Assessing Officer had accepted several claims of the assessee without proper inquiries. His objection related to specific three issues viz. of acceptance of fallen GP ratio projected by the assessee, of sort....

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....ing Officer. The Commissioner allowed the appeal and deleted all additions on the ground that the assessee had justified the claims and the Assessing Officer had merely and mechanically acted on the observations of the Commissioner made in the revisional order. Against such order of the Appellate Commissioner, the Revenue had approached the Tribunal. The Tribunal rejected the appeal, upon which, t....

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....essing Officer would be free to carry out the assessment in accordance with law and may be in a given circumstance, bearing in mind the observations made by the Commissioner in the revisional order. In such a situation, when the Assessing Officer is not merely giving effect to the order of the Commissioner but is re-framing the assessment in accordance with law, his order is always open to challen....