2021 (3) TMI 181

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....ted by Ms.V.Pushpa For the Respondent : M/s.Profexs Associates JUDGMENT M.DURAISWAMY, J. Challenging the order passed by the Income Tax Appellate Tribunal, Madras "C" Bench in I.T.A.No.1597/Mds/2007, the Revenue has filed the above appeal. 2.The Assessing Officer completed the assessment under Section 143 (3) on 01.03.2005, assessing a total income of Rs. 40,72,410/-. The assessment....

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....erefore, the order passed lacks jurisdiction. In these circumstances, the Tribunal allowed the appeal filed by the assessee. Aggrieved by the order passed by the Income Tax Appellate Tribunal, the Department filed the above appeal. 3.The above appeal was admitted on the following substantial question of law: "Whether on the facts and in the circumstances of the case, the Income Tax Tribunal ....

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....ltimately, the Tribunal set aside the order passed by the CIT under Section 263 and restored the order passed by the Assessing Officer. 5.On a perusal of the order passed by the Tribunal, it is clear that the Tribunal has categorically held that the order passed by CIT is based on no reason and he has simply given an abrupt finding that the assessment order is erroneous. Further, the Tribunal, ....