(1.) THIS is an appeal filed by the assessee against the order of the ld. Commissioner of Income Tax, Central -1, Kolkata passed under section 263 in M. No. CIT(C -1)/263/Manish Kr. Mimani/Tech/11 -12/Kol/3588 -90 dated 30.03.2012 for the assessment year 2008 -09.
(2.) SHRI Ravi Tulsian, F.C.A., represented on behalf of the Shri Ravi Jain, CIT, D.R., represented on behalf of the Revenue.
(3.) IN reply, ld. CIT, D.R. submitted that the submission made by the assessee was not before the ld. CIT and the ld. CIT did not have the benefit of the explanation now made by the assessee. Ld. CIT, D.R. vehemently supported the order of the ld. CIT passed under section 263.