- (1.) THESE appeals by the assessee are directed against the order of the Commissioner of Income-tax (Central), Kanpur (hereinafter referred to as "the CIT(C)" dated 5-1-2001 passed under Section 263 of the Income-tax Act, 1961 setting aside the assessment orders directing the Assessing Officer to complete the re-assessments for the assessment years 1987-88, 1988-89 and 1989-90.
(2.) The brief facts of the case are that there was a search on 29-11-1988 in the premises of the assessee and its directors. Certain material was seized during search and seizure and during the period, proceedings under Section 132(5), 132(11) and 132(12) were conducted by the concerned Income-tax Authorities and ultimately regular assessments were framed under Section 143(3) on dated 30-3-1990. the CIT(C) issued show-cause notice under Section 263 of the Income-tax Act in all the three years on 2-1-1992 and passed the impugned order dated 5-1-2001. The assessee has challenged the order of the CIT(C) dated 5-1-2001 in the three appeals before us. Since the impugned order dated 5-1-2001 is common order, all the appeals relate to the same assessee and we have heard them together, therefore, all the appeals are decided by this consolidated order in all the three appeals. The assessee has filed these appeals on many common grounds and for the sake of convenience grounds of appeal for the assessment year 1987-88 are reproduced as under : 1. Because the revised income of the appellant has been accepted by the Assessing Officer on agreed basis and in pursuance of the directions and instructions of the then Commissioner of Income-tax, Central, Kanpur, the respondent is legally stopped to take action under Section 263 of the Act on the basis of same material. 2. Because Section 263 does not envisage the revision or review of an order passed on the directions of the Commissioner of Income-tax, Central, Kanpur himself and the notice dated 2-1-1992 is wholly without jurisdiction. Because the word Assessing Officer used in the section refers to subordinate officer and an order of assessment framed on the direction and instructions of the Commissioner of Income-tax, Central, Kanpur himself cannot be revised by him.
(3.) BECAUSE the order passed under Section 263 is illegal, erroneous, unreasonable, arbitrary and against the provisions of law.;