TaxTMI 
TaxTMI 
2019 (11) TMI 1006
X X X X Extracts X X X X
X X X X Extracts X X X X
....s 143 (3) and u/s 147 could not be considered erroneous and prejudicial to the interest of the revenue for the following reasons: 2.3 The Assessing Officer had taken the possible views after application of mind but Pr. CIT Delhi-19 had not demonstrated how the Orders passed by the Assessing Officer were not only erroneous but also prejudicial to the interest of the Revenue hence the Revision Order was beyond the scope of Section 263 of the Act and hence not valid and unsustainable in law. 2.4 Though Ld. Pr. CIT Delhi-19 was not satisfied with the scope of enquiry conducted by the Assessing Officer, but he himself has neither conducted any enquiry nor brought on record any corroborative material justifying and showing that the Assessing Officer's findings were erroneous. 2.5 The Assessing Officer had passed the Assessment Orders under Section 143(3) and further after making an addition u/s 147 also, which a Reasonable and Prudent Officer had already completed the requisite enquiries, correctly appreciated the facts and verifications and had come to a reasoned conclusion before passing the Order." [B]. Vide assessment order dated 27.03.2015 passed u/s 14....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... asstt. records that no books of accounts were produced during assessment proceedings. For this reason also, a thorough probe, Into genuineness of books being maintained by you need to be verified. iii) You have furnished bank account number but statement of bank accounts maintained either for business purpose or in individual capacity was not called for by the AG during assessment proceedings. Therefore, the bank accounts maintained by you need thorough verification. iv) You have provided list of parties from whom you have made purchases but AO has not made cross-verification during assessment proceeding. In view of the above you are requested to produced ledger and confirmation from the purchase parties. v) You have debited various other expenses in P & L account totally to Rs. 7.19 cr. in this respect, details of the same were not called for during the assessment proceeding. In view of the above, you are required to give details of other expenses headwise and also state applicability ofTDS under chapter-XVIl of the IT Act 1961. vi) You have shown rent paid of Rs. 58.66 Lakh in the Profit & Loss account but no rent agreement is on records. So, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ade in this issue. It appears from the past assessment records that no books of accounts were produced during the assessment proceedings. For this reason also, a thorough probe, into genuineness of books being maintained or not need to be verified. On the above issue of show cause notice the assessee has submitted that he had already maintained books. The same were filed during the proceedings u/s 143(2) as when asked by the A.O. However from the assessment records it is seen that no bill or vouchers have been placed on record. Providing only the list of debtors and Creditors does not constitute production of books of accounts. Hence this issue needs examination by the A.O. iii. The assessee has furnished bank account number but statement of bank accounts, maintained either for business purpose or in individual capacity was not called for by the AO during assessment proceedings. Therefore the bank accounts maintained by you need thorough verification. On this issue he had submitted that saving and current accounts are maintained for business purposes not in individual capacity. The same information was also provided to the A.O. during assessment ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....is required by the A.O. which he had failed to do. Keeping in view the above, I have no option but to conclude the assessment order dated 27.03.2015 is erroneous and pre-judicial to the interest of revenue on the above issues to the extent of no proper enquiry and details obtain therein. Thus, I set-aside the assessment with instruction to the AO to enquire deeply into above issues and then reframe the assessment order." [C] This present appeal has been filed by the assessee against the aforesaid impugned revision order dated 28.03.2017 of the Ld. Pr. CIT. At the time of hearing, Revenue was represented by Shri. S.S. Rana, CIT (DR). However, none was present from the assessee's side. In the absence of any representation from assessee's side, at the time of hearing before us, we heard the Ld. CIT (DR). The Ld. CIT (DR) relied upon the aforesaid impugned order dated 28.03.2017 of the Ld. Pr. CIT. He also relied on the precedents in the cases of (i) order dated 29.11.2017 of Hon'ble Supreme Court in the case of Denial Merchants Pvt. Ltd. vs. ITO (Appeal No. 2396/2017) ii. Malabar Industrial Co. Ltd. vs. CIT 243 ITR, 83 (SC) (iii) Rajmandir Estates (P.) Ltd. vs.....