VINEET KOTHARI, J. - (1.) THE present appeal filed by the Revenue for Assessment Year 2006 -07 seek to raise substantial question of law under Section 260 -A of the Income -tax Act, 1961 (for brevity, hereinafter referred to as 'Act') from the order of Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur in ITA No.106/JU/2010 vide its order dated 19.01.2012.
(2.) THE assessee filed the said appeal before the Income Tax Appellate Tribunal, aggrieved by the order of Commissioner of Income -tax, Jodhpur passed under Section 263 of the Act on 12.01.2006 for the assessment year 2006 -07, which was passed by the Commissioner in exercise of its revisional jurisdiction under Section 263 of the Act against the assessment order of Assessing Authority passed under Section 143 (3) of the Act, holding the same as an order erroneous and prejudicial to the interest of the revenue. The assessee M/s Jain Construction Company, Barmer, undertakes the construction work of construction of roads. For assessment year 2006 -07, return of income was filed by the assessee on 31.10.2006 declaring total income of Rs.67,83,280/ - and revised return was filed on 02.11.2006, only two days thereafter, declaring the total income at marginally higher figure of Rs.70,20,830/ -. Initially, the return was processed under Section 143 (1) of the Act on 25.05.2007, however, a notice under Section 143 (1) of the Act was issued by the Assessing Authority on 18.10.2007 for holding enquiry and scrutiny in the assessment records for passing the assessment order under the provisions of Section 143 (1) of the Act, which order was passed by the Assessing Authority in the present case on 28.03.2008 after due enquiry and assessing the total income of assessee at Rs.80,18,813/ - making some addition in the returned income of the assessee and thus raising demand of additional tax and interest.
(3.) THE assessee appears to have preferred an appeal against the said assessment order before the Commissioner of Income Tax (Appeals), who passed the appellate order on 06.08.2009, however, the said appellate order has not been placed on record by the Revenue in the present appeal before this Court.;