2006 (4) TMI 86

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....moved under section 256(2) of the Income-tax Act, 1961, by the Revenue seeking a direction to the Tribunal to state the case and refer the following question as question of law arising from the order dated May 26, 1997, of the Tribunal passed in I.T.A. No. 1343/JP/95 relating to the assessment year 1990-91: "Whether, on the facts and in the circumstances of the case, the hon'ble Income-tax Appell....

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....vestigation by the Assessing Officer, who is a Revenue Officer was bound to do." On this finding, he held that the assessment made under section 143(3) by the Assessing Officer on December 30, 1992, is erroneous and prejudicial to the interests of the Revenue and, therefore, the same was set aside with a direction to the Assessing Officer to make a fresh assessment order after enquiry. On appeal....

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.... Assessing Officer's order is liable to be revised under section 263, by the Commissioner of Income-tax, inter alia, on the ground that the order of the Assessing Officer is erroneous and prejudicial to the interests of the Revenue having been made without proper enquiry. However, when the inquiry has been made, to what extent it can be said to be inadequate are questions of fact depending on the ....