COMMISSIONER OF INCOME TAX Vs. RITA KESHRI

JUDGEMENT

(1.) The department of Income Tax has preferred these appeals under Section 260A of the Income Tax Act 1961 (hereinafter referred to as 'the Act'), and are directed against a common judgment dated 4.2.2009, passed by the learned Income Tax Appellate Tribunal, Patna Bench, Patna, whereby the following four appeals have been allowed, and the orders of remand passed by the learned Commissioner of Income Tax (Central), Patna, in purported exercise of powers under Section 263 of the Act, has been set aside.

(2.) The following substantial questions of law arise for consideration:

(3.) A brief statement of facts essential for the disposal of the four appeals may be indicated. Satish Kumar Keshri is the proprietor of the group. His wife is Rita Keshri, and their sons are Shekhar Keshri and Sharad Keshri who have interest in different business which are subject-matter of assessment proceedings for the period in question. Separate orders of assessment dated 29.12.2006, for the assessment years 2003-04 and 2004-05 were passed. The same had given rise to revision applications in Suo Motu exercise of powers by the learned Commissioner under Section 263 of the Act, who disposed of the same by his judgment dated 6.6.2007, with respect to Smt. Rita Keshri for the assessment years 2003-04 and 2004-05, and by his judgment dated 15.6.2007, with respect to Shekhar Keshri for the periods 1999-2000 and 2003-04. The learned Commissioner took the view that the learned assessing officer had not taken into account certain vital aspects of the matter which were prejudicial to the interest of the Revenue and, therefore, set aside the orders of the learned assessing officer, and remitted the matter for a fresh consideration and orders of assessment in accordance with law and the observations in the order of the learned Commissioner. The Assessees challenged the same by preferring appeals before the learned Tribunal which have been numbered as I.T.A. Nos. 444 & 445(Pat.)/2007 (Smt. Rita Keshari v. The C.I.T. (Central), Patna), and I.T.A. Nos. 443 & 446 (Pat.)/2007 (Sri Shekhar Keshri v. The C.I.T. (Central), Patna, with respect to the aforesaid four periods which have been allowed by a common judgment dated 4.2.2009, the orders of the learned Commissioner have been set aside, those of the learned assessing officer have been restored, and impugned herein.