Kanoi Tea P. Ltd. v. PCIT (2023)106 ITR 648 (Kol) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Proper enquiry conducted in the original assessment proceedings-Possible view-Revision order is quashed-Delay of 963 days is condoned. [ S. 143(3) , 253(5) ]

Held that the Assessing Officer had made detailed enquiries into all of the issues referred to by the Commissioner, and the assessee had filed detailed replies and furnished documents to explain the transactions in question. Once the Assessing Officer had applied his mind to the issues and taken a view permissible under the law, and the Commissioner had not carried out any independent enquiry, the exercise of powers by the Commissioner under section 263 of the Act was bad in law. The order of the Commissioner was quashed.(AY. 2015-16)