COMMISSIONER OF INCOME TAX VIII Vs. M. HEMANATHAN

JUDGEMENT

(1.) This tax case appeal is filed by the Revenue under Sec. 260A of the Income Tax Act, 1961. The Revenue has come up with the above appeal raising the following substantial questions of law :

(2.) Heard Mr.M.Swaminathan, learned Standing Counsel for the appellant/Department.

(3.) The respondent is the legal heir (the son) of one late M.A. Margesan. For the assessment year 2009 -10, the assessee filed a return of income on 3.6.2009 admitting a total income at Rs. 39,26,390/ -. The return was processed under Sec. 143(1). It was selected for scrutiny and a notice under Sec. 143(2) was issued. The assessee participated in the proceedings, produced books of accounts and presented his case through an authorised representative. Thereafter, the Assessing Officer passed an order dated 23.6.2011, recomputing the income and ultimately arriving at the conclusion that an amount of Rs. 57,162/ - was due as refund by the Department to the assessee. It must be noticed that this is a case of scrutiny assessment.