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2019 (10) TMI 339 - ITAT DELHIRevision u/s 263 - unexplained cash deposits - HELD THAT:- From the perusal of the order sheet entries, it is seen that only effective date of hearing was 03.03.2017, wherein he has noted that Shri P.K. Jain, FCA filed representation and replies to the show cause notice and case is heard. Thus, nowhere the additional issues raised by him were ever confronted to the assessee. In any case, here scope of entire reassessment was based on the ‘reasons recorded’ by the AO and Pr.CIT cannot travelled beyond the ‘reasons’ to rope in other issues not falling in the reasons recorded. Thus, we agree with the contention of the learned counsel that any such direction is beyond the scope of re-assessment proceedings as the same cannot be raised in revisionary jurisdiction u/s 263. Hence, all other direction given by the PCIT is quashed. Even on the issue of cash deposit, as has stated above, Assessing Officer has duly examined not only all the persons who have given the advance to the assessee but also the entire cash flow statement, vis-à-vis the assessee’s computation of income and cash flow statement coming from Assessment Year 2009-10. Pr.CIT without finding any defect in the inquiry conducted by the Assessing Officer has simply cancelled the assessment order which cannot be sustained. In case he is of the opinion that Assessing Officer inquiry and verification is lacking, then it is incumbent upon the ld. Pr.CIT to himself conduct prima facie inquiry on his own so as to reach to a conclusion that, either the Assessing Officer’s inquiry was not proper or there is any inherent lack of application of mind. Hon'ble Delhi High Court in the following cases:- i) DIT vs. Jyoti Foundation [2013 (7) TMI 483 - DELHI HIGH COURT] ii) CIT vs. Sunbeam Auto Ltd [2009 (9) TMI 633 - DELHI HIGH COURT] ; and iii) ITO vs. D.G. Housing Projects Ltd, [2012 (3) TMI 227 - DELHI HIGH COURT] has categorically held, the revising authority must make an inquiry before making a believe that assessment order was erroneous and without making any such inquiry he cannot remand back the issue once again to conduct the inquiry when Assessing Officer has conducted inquiry before conclusion of assessment. Thus we do not find that it is a fit case for cancelling the assessment for framing fresh even on the issue of examining the source of cash deposit, because what ld. Pr.CIT has directed the Assessing Officer to re-verify the receipt of advance from the persons which has been duly examined by the Assessing Officer in the manner discussed above. Accordingly, the impugned order u/s.263 is quashed. - Decided in favour of assessee.
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