Dismissing the appeal the Court held that that it was only during the enquiry under section 133(6) of the Act that unexplained investment in bank deposit was unearthed. If the enquiry which was required to be made by the Assessing Officer had not been done, the order has to be considered erroneous order prejudicial to the interests of the Revenue in terms of S. 263 . No enquiry was made by the Assessing Officer as regards the retail business said to have been carried on by the assessee. Thus, the exercise of power under S. 263 by the Commissioner was justifiable.(AY.2010-11)
Syed Abubacker Riyaz v. CIT (2018) 403 ITR 252 (Karn) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – No proper enquiry was made in respect of unexplained investment , revision was held to be justified [ S. 69,133(6),143(3) ]