PCIT v. Earth Minerals Co. Ltd. (2024)470 ITR 569 /162 taxmann.com 273 (SC) Editorial : PCIT v. Earth Minerals Co. Ltd (2024) 470 ITR 567/162 taxmann.com 272 (Orissa) (HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order of Tribunal quashing the revision order is affirmed by High Court-SLP of Revenue is dismissed. [S. 254(1), Art. 136]

On appeal by the Revenue the Court held that the Tribunal has set aside order of Principal Commissioner on ground that direction requiring Assessing Officer to undertake a fresh exercise of assessment was not preceded by any enquiry. Tribunal held  that this was not a case of inadequacy of enquiry but a case of absence of enquiry. On appeal High Court held that the  order of Tribunal  being a  plausible one and not erroneous in law. Order of Tribunal is affirmed. SLP of Revenue is dismissed (AY. 2019-10)

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