2017 (11) TMI 1684

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.... For the Respondent(s) : Mr. Muzaffar Iqbal for Mr. Siddharth Ranka JUDGMENT 1. By way of this appeal, the appellant has assailed the judgment and order of the Tribunal whereby the Tribunal has allowed the appeal of the assessee and set aside the order of CIT(A). 2. This Court while admitting the matter framed the following substantial questions of law:- "i) Whether the Tribunal....

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....l to the interest of the Revenue and can make such proposal to the ld. CIT u/s 263 of the Act. The power of revision as discussed above widely vests in Commissioner who may call and examine the record of any proceeding under the Act and if he considers that any order passed therein by the AO is erroneous and prejudicial to the interest of the Revenue. He may after giving the assessee a particular ....

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....AO cannot propose his own order by treating it as erroneous and prejudicial to the interest of Revenue for getting it revised by the ld. Commissioner u/s 263 of the Act. This procedure is unknown to the Income Tax. Accordingly, on this very basis, the appellate order is struck down and quashed. 2.8. On merits also, this is a case of reopening and during reopening both the issues raised by....