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2019 (6) TMI 609 - ITAT PUNERevision u/s 263 - AO passed the order u/s 147 without passing speaking order on objections filed by assessee - as per CIT assessment order is void - can CIT exercise power u/s 263 against such order - HELD THAT:- In the present set of facts where the Commissioner himself has given a finding that the re-assessment proceedings have not been correctly carried out against the assessee and the AO has failed to fulfill his obligation, then under such circumstances where, he has also held that “since, the copy of reasons recorded for re-opening of the assessment were not furnished to assessee till date of completion of assessment, the order of the AO is void”, then revisionary jurisdiction cannot be exercised against such order. When the said order is void and did not stand in law, it cannot be held to be erroneous and prejudicial to the interest of revenue by the Commissioner. Consequently, the exercise of jurisdiction under section 263 of the Act in the present case, is not justified and is bad in law. We cancel the same. - Appeal of the assessee is allowed.
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