LAWS(P&H)-2009-11-120

COMMISSIONER OF INCOME TAX Vs. RAJIV AGNIHOTRI

Decided On November 16, 2009
COMMISSIONER OF INCOME TAX Appellant
V/S
Rajiv Agnihotri Respondents

JUDGEMENT

(1.) THE Revenue has preferred this appeal under s. 260A of IT Act, 1961 (for short, "the Act") against the order of the to raise the following substantial questions of law :

(2.) THE AO made assessment under s. 143(3) in respect of the respondent's income. The CIT, exercising his power under s. 263, set aside the assessment and directed fresh assessment. On appeal, the Tribunal held that no ground was made for interference under s. 263, as no specific defect had been pointed out by the CIT. The assessee had already furnished details of construction account and had produced the bank statement. The observations of the Tribunal are as under :

(3.) WE have heard learned counsel for the appellant.