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2017 (6) TMI 1120 - ITAT DELHIRevision u/s 263 - Held that:- Commissioner invoked the provisions of section 263 of the Act as he was not satisfied with the assessment order passed by the Assessing Officer without making any inquiry himself and dismissing the explanation of the assessee without any reasoning and the Commissioner jumped to the conclusion that the Assessing Officer either failed to carry out any inquiry or the conclusion, which naturally flows on the facts and circumstances of the case, has not been drawn. This allegation in the notice as well as in the impugned order makes it clear that while issuing notice and invoking the provisions of section 263 even the Commissioner himself was not sure whether it is a case of no inquiry or inadequate inquiry. It is a well accepted proposition that if the Commissioner has ignored the exercise undertaken by the Assessing Officer during the assessment proceedings and without making any inquiry, dismissing the explanation of the assessee and jumped to the conclusion, that the Assessing Officer failed to carry out any inquiry, then these findings are not sustainable in the light of the ratio of the decision of the Hon'ble Delhi High Court in the cases of Jyoti Foundation (2013 (7) TMI 483 - DELHI HIGH COURT) and D.G. Housing Projects Ltd. (2012 (3) TMI 227 - DELHI HIGH COURT ). Thus, we are inclined to hold that the Commissioner has wrongly invoked the provisions of section 263 of the Act for issuing notice and passing the impugned order. - Decided in favour of assessee.
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