JBM INDUSTRIES LTD vs. COMMISSIONER OF INCOME TAX

ITA - 1412 / 2009HC Delhi21 December 20093 pages
For Petitioner: AP SINHA
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the Commissioner had rightly exercised jurisdiction under Section 263 as the Assessing Officer failed to make necessary inquiries regarding deductions, recoverables, and rental income. Therefore, the original assessment order was erroneous and prejudicial to the revenue.

What were the facts?

The assessee challenged the Commissioner's order under Section 263 of the IT Act, which set aside the original assessment order. The Assessing Officer then passed fresh orders with additions, which were also challenged.

What were the issues?

Whether the Commissioner erred in exercising jurisdiction under Section 263 of the IT Act by setting aside the assessment order due to the Assessing Officer's failure to conduct proper inquiries.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(2)

AI-generated summary — verify with the full judgment below

56#

## % 21.12.2009

Present:

Mr. R. Santhamani with Mr. A.P. Sinha for the appellant.

Mr. Sanjeev Sabharwal for the respondent.

## + CM No. 18709/2009

For the reasons stated in this application, the delay in filing the appeal is condoned and the application is disposed of.

## ITA No. 1412/2009 & CM No. 18708/2009

In respect of the assessment year 2001-02, after the assessment was complete, the Commissioner of Income Tax-II, Delhi passed orders under Section 263 of the Income Tax Act, 1961 on 16.3.2006 as per which the assessment order of the Assessing Officer (AO) passed under Section 143(2) of the Act on 26.2.2004 was set aside with a view to pass fresh order after giving opportunity of being heard to the assessee. The AO passed fresh orders making certain additions. The appellant herein challenged the orders dated 16.3.2006 passed by the CIT in exercise of his powers under Section 263 of the Act by preferring an appeal before the Tribunal.

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In the meantime, on remand of the matter to the AO, tl

passed fresh assessment orders, which were also challenged by the appellant and the matter carried up to the Tribunal. By common judgment dated 27.2.2

The order continues below.

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