The Commissioner (Appeals) is empowered to direct the Assessing Officer to make necessary enquiries and verify facts where the record so warrants. Where the Assessing Officer, pursuant to such directions, verified the identity and creditworthiness of the share subscribers and accepted the transactions as genuine, no useful purpose would be served by remanding the matter merely for the Commissioner (Appeals) to pass a consequential order. Further, the Revenue’s appeal, filed with a delay of 130 days based on a factually incorrect affidavit of the Assessing Officer, was held to be barred by limitation, and the delay was not condoned. (AY. 2012-13)
ITO v. Alert Consultants and Credit (P.) Ltd. (2025) 121 ITR 65 (SN) (Kol.)(Trib.)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Power to direct enquiry-Empowered to direct the Assessing Officer to make necessary enquiries and verify facts where the record so warrants-130 days delay in filing appeal-Incorrect affidavit given by the Assessing Officer-Delay was not condoned-Appeal was dismissed.[S. 153(5), 250(4)]
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