2016 (7) TMI 1721

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....ajiv Varshney ORDER This is an appeal preferred by the assessee against the order of the learned CIT-I, Indore, dated 11.3.2016. 2. The sole ground of appeal is that the learned CIT erred in holding that the assessment order passed u/s 143(3) of the Act dated 27.3.2014 is without application of mind by the Assessing Officer and, therefore, erroneous and prejudicial to the interest of the ....

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....eld that from the assessment order u/s 143(3) dated 27.3.2014 it is clear that the Assessing Officer has not applied his mind at all and the assessment order in this case is an erroneous order since it did not take cognizance of the points mentioned above and, therefore, there is a failure to make such inquiry and the order is erroneous and prejudicial to the interest of the revenue. Therefore, he....

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....s without application of mind and, hence, erroneous and prejudicial to the interest of the revenue. 5. On the other hand, the learned DR submitted that in the order u/s 263 as well as notice u/s 263 the CIT has referred to receipts of Rs. 21,88,21,993/- under the head supply affording charges and Rs. 3,91,92,022/- as electrification charges in Schedule-34 to the balance sheet and that they were....

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....the paper book referred to by the learned counsel for the assessee there is no question on the above two points raised by the Assessing Officer and reply of the assessee on those points. Therefore, in the above facts and circumstances of the case, we are of the considered view that these issues were not examined by the Assessing Officer and the Assessing Officer has not arrived at a conscious deci....