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2015 (7) TMI 904 - ITAT KOLKATARevision u/s 263 - claim of the assessee on account of lease rental to be disallowed as per CIT(A) - Held that:- Considering the facts of the present case, it is noticed that the AO before allowing the claim of the assessee on account of lease rental issued a questionnaire along with notice u/s. 142(1) of the Act. The assessee furnished the requisite details and evidences to the AO, who on being satisfied allowed the claim of the assessee. It is also noticed that for AY 2006-07 the similar issue was before the DRP, who also directed the AO to delete the similar disallowance. In the present case, the Ld. CIT(A) on the similar issue for AYs 2004-05 and 2005-06 has deleted the additions made by AO. Therefore, it can be said that the view taken by AO was one of the possible view so it cannot be said that the assessment order passed by him was erroneous or prejudicial to the interest of revenue. The view taken by the AO was one of the possible view, therefore, the assessment order passed by him for the year under consideration i.e. AY 2007-08 was neither erroneous nor prejudicial to the interest of revenue. Moreover, the Ld. CIT in the impugned order has simply stated that the assessee furnished the written reply. However, he has not discussed the contents of the said reply and also did not bring on record how and in what manner the assessment order passed by AO was erroneous or prejudicial to the interest of revenue, he simply directed the AO to reexamine the issue after calling the lease documents and examining the same, which the AO had already considered and examined while passing the assessment order. - Decided in favour of assessee.
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