Itta/111/2014 Of The Commissioner Of Income Tax v. Ongole Educational Academy Pvt Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 111 of 2014 Date: 25.02.2014 Between: The Commissioner of Income Tax-IV,Hyderabad. … Appellant And M/s. Ongole Educational Academy Pvt., Ltd.,Hyderabad. … Respondents This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 111 of 2014 JUDGMENT:(Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment andorder of the learned Tribunal dated 22.06.2007 in relation to assessmentyear 1998-99 and sought to be admitted on the following suggestedquestions of law: “1. Whether on the facts and in the circumstances of the case theorder of the Tribunal is perverse? 2. Whether on the facts and in the circumstances of the case,the Tribunal is correct in law in setting aside the order of theCommissioner of Income Tax passed under Section 263 of theAct?” We have heard Mr. Prasad, learned counsel for the appellant,and gone through the judgment and order of the learned Tribunal. The learned Tribunal has recorded on fact that Commissioner ofIncome Tax (Appeals) failed to establish as to how the order of theAssessing Officer is erroneous and prejudicial to the interests of theRevenue particularly when the Assessing Officer passed theassessment order after considering and examining all the details filed bythe assessee. It is pre-condition that the order must be erroneous andprejudicial to the interests of the Revenue to exercise jurisdiction underSection 263 of Income Tax Act, 1961. If this factual condition is missing, the entire exercise of jurisdiction will be futile. Therefore, we do not findany reason to interfere with impugned judgment and order, as theTribunal has come to the correct conclusion. The appeal is accordingly dismissed. ___________________K.J. SENGUPTA, CJ Date: 25.02.2014ES ___________________ SANJAY KUMAR, J