2018 (9) TMI 620

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.... not considering the facts and circumstances of the case and has further erred in rejecting the request of the appellant for condonation of delay. 2. The Ld. CIT (A) has erred on facts and in law in denying substantive justice to the appellant by dismissing the appeal of the appellant on ground of delay in filing of appeal. The appellant craves for liberty to add fresh ground(s) of appeal and also to amend, alter, modify any of the grounds of appeal." ITA No. 2132/Del/2015 1. The Ld. CIT (A) has erred on facts and in law in dismissing the appeal of the appellant against imposition of penalty under section 271(1 )(c) of the Income Tax Act. 1961. 2. The Ld. CIT (A) has erred on facts and in law in denying the opp....

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....on his part on the issue. It is clear that an order cannot be termed as erroneous unless it is not in accordance with law. If an AO, acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the Commissioner simply because according to him the order should have been more elaborately. This section does not visualize a case of substitution of the judgment of the Commissioner for that of the AO. Therefore, it cannot be held in the instant case the AO's order was erroneous and prejudicial to the interest of the revenue within the terms of section 263 of the Act. Once the issue of share capital was considered and examined by the Assessing Officer, Ld. Commissioner cannot set aside the order without reco....