Itta/527/2014 Of Commissioner Of Income Tax -Vi v. Sri Aditya Goel

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.527 of 2014 DATED:5.8.2014 Between:Commissioner of Income Tax,-IV,Hyderabad.And … Appellant Sri Aditya Goel,Proprietor M/s. Vrindavan Steels,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.527 of 2014 Judgment :(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) By the impugned judgment and order, the learned Tribunalhas interfered with the order of the Commissioner in exercisingjurisdiction under Section 263 of the Income Tax Act, 1961. Thelearned Tribunal, on analyzing the record found that the AssessingOfficer having applied his mind, taken a plausible view under thelaw. It is settled position of law that exercise of jurisdiction underSection 263 by the Commissioner of Income Tax is permissibleonly when there is total non-application of mind and absurd andunacceptable view is expressed. These conditions are notsatisfied in this case. Hence, we dismiss this appeal. The miscellaneous applications, if any pending, shall alsostand closed. No costs. __________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J 5[th] August, 2014pnb