2022 (3) TMI 892

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.... the assessee. Perusal of record reveals that on past several occasions when the appeal was fixed for hearing, the assessee remained absent. 3. Considering the above, we proceed to dispose of the appeal ex-parte qua the assessee after hearing the learned Departmental Representative. 4. We have heard learned Departmental Representative and perused the materials on record. Briefly the facts are, the assessee is a resident individual. For the assessment year under dispute, the assessee filed her return of income on 29.09.2012 declaring total income at Rs. 21,85,050/-. The return of income filed by the assessee was selected for scrutiny and assessment in case of the assessee was completed under section 143(3) of the Act vide order dated 2....

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....tice and considering assessee's submissions, learned PCIT set aside the assessment order with a direction to consider the issues mentioned by him in the show-cause-notice afresh. 6. On a perusal of the impugned assessment order, which by any standard is a detailed one, it is observed that the Assessing Officer, in course of assessment proceeding has made a number of queries to the assessee on various issues. After conducting detailed inquiry and issuing questionnaire, the Assessing Officer has ultimately completed the assessment making the following additions/disallowances, aggregating to Rs. 35,44,650/- (i) Disallowance of Rs. 16.52,367/- out of purchases. (ii) Disallowance of Rs. 6,65,283/- out of expenses of Capital ....

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.... of expenditure claimed by the assessee. This, in our view, is not the intent and purport of section 263 of the Act. It is a fact on record that on all the issues raised by the revisionary authority in the show-cause-notice issued under section 263 of the Act, the Assessing Officer has conducted inquiry in course of the assessment proceeding and has decided those issues applying his own wisdom. Only because such decision of the Assessing Officer is not to the liking of learned PCIT, it cannot be said that the assessment order is erroneous and prejudicial to the interest of Revenue. It is further relevant to observe, in response to the show-cause-notice issued under section 263 of the Act, the assessee has furnished a detailed reply which ha....