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2014 (11) TMI 212 - ITAT DELHIJurisdiction of CIT u/s 263 – Validity of assessment order passed u/s 153A r.w. s 143(3) – Held that:- CIT(Appeals) has failed to arrive at a firm conclusion as to how the assessment orders are erroneous and prejudicial to the interest of the revenue - the orders u/s 263 are not sustainable on this fold of submissions also - it cannot be segregated in two different proceedings i.e. partly before the Learned CIT(A) and partly before the Commissioner u/s 263, the apprehension of revenue is concerned that 35% amount of the unrecorded sales has not been added by the AO, it will not travel to the Learned CIT(A) is concerned, the CIT(A) has powers co-terminus with that of AO and while evaluating the evidence demonstrating the appropriate amount of unaccounted sales, if any, to be considered in the hands of the assessee, would authorize him to consider the total amount and in that situation Learned CIT(Appeals) has jurisdiction to issue notice for enhancement - The observations made while considering the appeals of assessee u/s 263 for issuing notice for enhancement will not be considered as expression of any opinion on the merits of the issues - all the orders passed u/s 263 of the Act is to be set aside – Decided in favour of assessee.
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