Harish Sejwani, Kota vs Assessee on 28 January, 2014
14. Ground No.5 of the show-cause notice is regarding withdrawals of
Rs. 12,25,000/-. It is noticed by us that before the Assessing Officer
copies of accounts and supporting material were filed and were
explained. Before Ld. Commissioner also this fact was explained but
without recording any reason he has set aside this ground. The Hon'ble
Rajasthan High Court in the case of CIT Vs. Jai Mewar Wine Contractors
(2001) 251 ITR 785 (Raj) has held that without taking an objective view
that the order is erroneous and prejudicial to the interest of the
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Revenue, cannot revise an order. We have discussed above that the
satisfaction of the Commissioner has to be based on objectively
justifiable and cannot be mere ipse dixit of the Commissioner.