COMMISSIONER OF INCOME TAX Vs. JAIN CONSTRUCTION CO

JUDGEMENT

(1.) THE present appeal filed by the Revenue for Assessment Year 2006 -07 seek to raise substantial question of law under Section 260 -A of the Income -tax Act, 1961 (for brevity, hereinafter referred to as 'Act') from the order of Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur in ITA No.106/JU/2010 vide its order dated 19.01.2012.

(2.) THE assessee filed the said appeal before the Income Tax Appellate Tribunal, aggrieved by the order of Commissioner of Income -tax, Jodhpur passed under Section 263 of the Act on 12.01.2006 for the assessment year 2006 -07, which was passed by the Commissioner in exercise of its revisional jurisdiction under Section 263 of the Act against the assessment order of Assessing Authority passed under Section 143 (3) of the Act, holding the same as an order erroneous and prejudicial to the interest of the revenue.

(3.) THE assessee appears to have preferred an appeal against the said assessment order before the Commissioner of Income Tax (Appeals), who passed the appellate order on 06.08.2009, however, the said appellate order has not been placed on record by the Revenue in the present appeal before this Court.