In the course of assessment proceedings detailed enquiries were made by the AO as regards genuineness of loans. After considering the evidences the AO accepted the loans as genuine. CIT revised the order and directed the AO to examine, call for requisite details, confirmations examine them properly and relegated the matter back to AO. Tribunal confirmed the order of the CIT. On appeal the Court held that the Commissioner has not brought any evidence showing that the order of AO was erroneous, as same was passed without application of mind or AO had made an incorrect assessment of fact or incorrect application of law, revisional order passed by CIT is held to be not valid. Accordingly the revision order was set aside. (AY. 2007-08)
Meerut Roller Flour Mills (P.) Ltd. v. CIT (2019) 267 Taxman 18 / 311 CTR 336 / 182 DTR 168/ ( 2020) 420 ITR 216 (All.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loan-Unclaimed money–Detailed enquiries were made in the assessment proceedings-Revision is held to be not valid. [S. 68, 143(3)]