2021 (3) TMI 562

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.... This is an appeal filed by the assessee against the order of the Pr. CIT, Cuttack dated 30.3.2018 u/s.263 of the Act for the assessment year 2013-14. 2. Facts in brief are that the assessee filed its return of income on 29.3.2015 showing a total income of Rs. 5,77,520/-. The assessment was completed u/s.143(3) on 22.12.2015 accepting the returned income. Therefore, by virtue of powers conferred ....

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.... and the insurance payment is genuine. The above explanation of the assessee was not acceptable to Pr. CIT on the ground that firstly, in the absence of evidence or materials such as supporting bills, vouchers, details of the parties, payment aggregating to Rs. 86,054/- were made in violation of provisions of section 40A(3) of the Act and secondly, in respect of vehicle and machine insurance amoun....

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....and materials available on record. The sole disputed issue is with respect to setting aside the assessment order by the Pr. CIT in respect of payments made to parties in violation of provisions of section 40A(3) of the Act. Prima facie, it appears that the Pr. CIT found that the order passed u/s.143(3) of the Act is without making enquiries on this particular disputed issue, which is raised in the....

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....ent order erroneous. The Hon'ble Apex Court in the case of Smt. Tara Devi Aggarwal vs. CIT, 88 ITR 323 (SC), has held that the CIT may consider an order of the AO to be erroneous not only it contains some apparent error of reasoning or of law or of fact on the face of it but also because it is a stereo typed order which simply accepts what the assessee has stated in his return and fails to make en....