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1 - 10 of 39 (4.59 seconds)Section 68 in The Income Tax Act, 1961 [Entire Act]
Section 80HH in The Income Tax Act, 1961 [Entire Act]
Section 10A in The Income Tax Act, 1961 [Entire Act]
Section 80J in The Income Tax Act, 1961 [Entire Act]
Income Tax Officer vs Dg Housing Projects Ltd on 1 March, 2012
An order will become erroneous because on remit, the A.O.
may decide that order is erroneous. Therefore, CIT must
after recording reasons, hold that order is erroneous the
jurisdictional pre-condition stipulated is that CIT must
come to the conclusion that the order is erroneous and is
Rakesh Khandelwal 68
ITA No.204 of 2019
unsustainable in law. It was further observed that the
material, which the CIT can rely includes not only the
records as it stands at the time when the order in question
was passed by the A.O. but also record as it stands at the
time of the examination by the CIT. Nothing
appears/prohibits CIT from collecting and relying
new/additional material which evidence to show and state
that the order of the A.O. is erroneous. We find that Ld.
CIT in the present case has not carried out any enquiry of
his own has merely set aside the assessment to the file of
the A.O. to re-examine issue of source of cash deposited by
the assessee. Therefore, it is contrary to the guidelines as
mandated in the Hon'ble Delhi High Court in the case of
ITO Vs. DG Housing Projects Ltd. (supra) coupled with the
fact that the assessee during the assessment proceedings
had submitted evidences in support of sale of jewelleries
and receipt of gift. Moreover, the issue of examination of
Rakesh Khandelwal 69
ITA No.204 of 2019
source of gift was not subject matter of the scrutiny.