Similar view was upheld by the
Hon'ble High Court of Karnataka in the case of Commissioner of Income
Tax, Bangalore vs. Cyber Park Development & Construction Ltd. [2020]
121 taxmann.com 172 where the question presented before the Hon'ble
High Court was that "Whether the Tribunal was correct in holding that
the assessee having furnished the details that the lease hold rights were
intangible assets before the Assessing Officer it should be deemed that
the details was deemed to have been examined and relief granted in
favour of the assessee by the Assessing Officer and the finding recorded
by the Commissioner to the contrary was not correct? " and the Hon'ble
High Court ruled in affirmation to the question stating that "....The
Tribunal has held that mere inadequacy of an enquiry or insufficiency of
material on record cannot be a ground to invoke powers under section
263 of the Act. The view taken by the Tribunal is in consonance with well
settled legal principles....".
12. On this point, the ld.AR of the assessee supported the
judgment of Hon'ble jurisdictional high court in the case of CIT Vs.
Cyber Park Development and construction Ltd., reported at
(2020) 121 taxmann.com 172 (Kar) at para No.7, wherein it has
been held as under