TaxTMI 
TaxTMI 
TaxTMI 
2016 (9) TMI 1686
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....e Smt. Neelam A. Phatarpekar. 2. Shri Ramesh S. Mutagar, Departmental Representative represented on behalf of the Revenue and Shri Sandeep Bhandari, CA represented on behalf of the assessees. 3. It was submitted by the Departmental Representative that originally the assessment had been completed under section 143(3) on 29/12/2011. Subsequently, the Commissioner of Income Tax, Panaji passed an order under section 263 dated 07/02/2014, wherein the Commissioner of Income Tax has specified that the assessee has violated the provisions of section 40(a)(ia) of the Act. The Assessing Officer had given effect to the order of the Commissioner of Income Tax passed under section 263 vide order dated 17/03/2015. It was the submission that in view of ....
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....ther and sister, as unexplained cash credits by modifying the original assessment. In para 6.3 at page No. 12, Commissioner of Income Tax has directed the Assessing Officer to modify the original assessment after obtaining the source of addition to fixed assets etc. and if no evidence is furnished, the entire investment is to be added to the total income of the assessee in accordance with the provisions of law. This representing the addition made under section 69, representing the investment in thread dies. In para 7.2 at page No. 13, Commissioner of Income Tax has directed the Assessing Officer to modify the original assessment by bring to tax the bank interest, not offered to tax by the assessee. In para 4.5 at page No. 6, ....
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....e deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. 7. A perusal of the said provisions clearly shows that the Principal Commissioner (or) Commissioner....... pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. The words "pass such order thereon as the circumstances of the case justify" shows that it is the order under section 263 which has to be looked into to find out as to what is the intention of the Commissioner. In the present case, clearly there i....
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.... order giving effect to the order under section 263. Appealable orders before the Commissioner of Income Tax (Appeals) is very specific insofar as it is an order of assessment under section 143(3) or 144 where the assessee objects to the amount of income assessed or to the amount of tax determined, which is appealable before the Commissioner of Income Tax (Appeals). A perusal of the provisions of section 253 provides for the appeal against the order under section 263 to the appellate Tribunal. Thus, it can be noticed that an order under section 263 can be one where there is an enhancement or modification of the assessment and one where there is cancelling of the assessment and directing of the fresh assessment. When it is an issue of enhanc....
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....ld in effect be a challenge before the Commissioner of Income Tax (Appeals) in respect of order passed under section 263 by the Commissioner of Income Tax. 8. In short, shorn of all the frills an order giving effect to an order passed under section 263 by the Commissioner of Income Tax is not an appealable order before the Commissioner of Income Tax (Appeals) or the appellate Tribunal insofar as when the Commissioner of Income Tax invokes his powers under section 263 he is invoking his coterminous powers of the Assessing Officer and is doing the assessment in the shoes of the Assessing Officer after examining or causing inquiry to be conducted as provided in the provisions of section 263. 9. In the present case, admittedly, the order ....