THE HON BLE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND 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. Appellant And Sri Aditya Goel, Proprietor M/s. Vrindavan Steels, Hyderabad. .Respondent HON BLE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.527 of 2014 Judgment : (per Hon ble Chief Justice Sri Kalyan Jyoti Sengupta) By impugned judgment and order, learned Tribunal has interfered with order of Commissioner in exercising jurisdiction under Section 263 of Income Tax Act, 1961. learned Tribunal, on analyzing record found that Assessing Officer having applied his mind, taken plausible view under law. It is settled position of law that exercise of jurisdiction under Section 263 by Commissioner of Income Tax is permissible only when there is total non-application of mind and absurd and unacceptable view is expressed. These conditions are not satisfied in this case. Hence, we dismiss this appeal. miscellaneous applications, if any pending, shall also stand closed. No costs. K.J. SENGUPTA, CJ SANJAY KUMAR, J 5th August, 2014 pnb Commissioner of Income-tax,-IV, Hyderabad. v. Aditya Goel