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Sadiq Sheikh., Goa vs Assessee on 22 August, 2014

8.15 We have also gone through the decision in the case of Anand Poddar vs. ACIT, 33 taxmann.com 367 (Gauh). This is a case where the AO made inquiry but inquiry made by the AO was inadequate in the opinion of the CIT and therefore CIT invoked jurisdiction u/s 263. When the matter travelled to the Tribunal, the Tribunal took the view that if AO has made the inquiry and in the opinion of the CIT there was inadequacy of inquiry, that will not give right to invoke provisions of Sec. 263. In the case of the Assessee, we noted that the Assessee did not give the information in respect of particular transaction as desired by the AO by making a specific query which debarred the AO from examining that particular issue. The case of the Assessee is not where it can be said that there was inadequacy of inquiry. Thus, this decision will also not help the Assessee.
Income Tax Appellate Tribunal - Panji Cites 44 - Cited by 0 - Full Document

Arcotech Ltd. (Formerly Sks Ltd.), New ... vs Assessee on 9 June, 2010

5.4. Apropos ld. DR's reliance of ITAT order in the case of M/s Anand & Anand (supra), the facts and circumstances in that case are peculiarly different inasmuch as in this case assessee had earlier paid advance tax on a particular item of income and later on, in the guise of legal opinion, the same was claimed to be a capital receipt, it had no earlier history and was a profit making organization. In the present case, the facts are peculiarly different and it is a case of continuous loss making concern since past many years.
Income Tax Appellate Tribunal - Delhi Cites 9 - Cited by 0 - Full Document
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