1992 (10) TMI 64

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....following question of law be referred : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law and on the facts in annulling the order passed by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 ? " In respect of these two assessment years the late K. C. Seth, father of 0. P. Seth, had filed income-tax ret....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e assessment years 1982-83 and 1983-84. This order was revised and the order of the Assessing Officer was set aside by the Commissioner of Income-tax. It was held by the Commissioner that in fact the said plot at Loha Mandi, Naraina, had never been let out and, therefore, the order of the Income-tax Officer was prejudicial to the interests of the Revenue because the Income-tax Officer had not made....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n might have been different but when income has been returned and the same is taxed by the Income-tax Officer, even without any enquiry, then the burden is on the Department to show that even the taxing of the returned income is prejudicial to the interests of the Revenue. There is no such finding given by the Commissioner and in any case there are no facts which would warrant such a conclusion be....