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2014 (10) TMI 461 - AT - Income TaxValidity of order u/s 263 - Search and Seizure operation u/s 132 Held that:- During the course of assessment proceeding questions, enquiries and explanation on the relevant issues were called for by the AO and were replied by the assessee - Thus these are not the assessments where there was no enquiry on the relevant aspect - The questionnaires, order sheet entries, assessees submissions and explanations make it quite clear it cannot be held that assessment orders suffer from lack of enquiries relying upon Commissioner of Income-tax Versus Sunbeam Auto Ltd. [2009 (9) TMI 633 - Delhi High Court] - though revision can be made in a case when there is lack of enquiry in the order, however, inadequate inquiries cannot be a basis of revision as it depends on the perception of the officer exercising assessment powers - a mere deference is perception of CIT and AO cannot make the order erroneous and prejudicial to the interest or revenue - It is not mere prejudice to the revenue, or a mere erroneous view which can be revised under section 263 - it cannot be held that the assessment orders suffer from unsustainability also - since reasonable enquiries were made, assesssee was called on to file their explanation and submissions on relevant issue and besides the assessment orders are sustainable, it cannot be held that these are cases of any manifest inadequate inquiry or impossible view or unsustainability - the exercise of jurisdiction u/s 263 by CIT in setting aside the assessments passed u/s 153A r/w sec 143(3) in the case of both the assessee is bad in law, his orders are quashed Decided in favour of assessee.
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