COMMISSIONER OF INCOME TAX Vs. RAJA INDUSTRIES

JUDGEMENT

(1.) This appeal under section 260A of the Income-tax Act, 1961 (for short "the Act"), has been filed by the Revenue against the order dated August 6, 2009, passed by the Income-tax Appellate Tribunal, Chandigarh Bench (B), Chandigarh (in short "the Tribunal") in I.T. A. No. 757/Chandi/2008, relating to the assessment year 2004-05.

(2.) The following substantial questions of law have been claimed for determination of this court :

(3.) The facts, in brief, necessary for adjudication as narrated in the appeal, are that the respondent-firm filed its return of income for the assessment year 2004-05 on October 27, 2004, showing an income of Rs. 8.53,480. Thereafter, assessment was made by the Assessing Officer under section 143(3) of the Act on August 21, 2006, assessing the income of the assessee at Rs. 8,73,480 when an addition on account of disallowance of Rs. 20,000 out of telephone expenses and other unvouched expenses was made. The Commissioner of Income-tax (in short "the CIT"), vide order dated June 26/2008, passed under section 263 of the Act held that the assessment framed by the Assessing Officer was erroneous in so far as it was prejudicial to the interests of the Revenue. The Commissioner of Income-tax set aside the order of the Assessing Officer with a direction to the Assessing Officer to pass a fresh order after considering and examining the issues mentioned in his order. Dissatisfied with the order of the Commissioner of Income-tax, the assessee preferred an appeal to the Tribunal which was allowed, vide the order impugned herein. Hence, this appeal.