TMI Blog2014 (7) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... made in the revised return of income by the assessee which means, the order of CIT may lead to a situation where it can be a prejudicial order to the interests of revenue, but not the original assessment order which was revised – thus, the order of the AO cannot be considered as erroneous and prejudicial to the interests of revenue – thus, the order of the CIT as twin conditions for invoking jurisdiction u/s 263 have not been complied with and restore the order of AO – Decided in favour of Assessee. - ITA. No. 1083/Hyd/2013 - - - Dated:- 28-5-2014 - Shri B. Ramakotaiah And Shri Saktijit Dey,JJ. For the Petitioner : Mr. C. P. Ramaswamy For the Respondent : Mr. P. Somasekhar Reddy ORDER Per B. Ramakotaiah, A.M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e company on 13.05.2013. Ld. CIT after giving opportunity to the assessee set aside the assessment order by stating as under : 4. The contention made by the assessee are considered. The non-consideration of the revised return filed by the assessee at the time of assessment made u/s.143(3) is a mistake and the assessee is having every right to get the mistake rectified within the provisions of Income Tax Act. In the event of rectifying the mistake, the assessment will naturally be erroneous and prejudicial to the interests of revenue by allowing the enhanced claim of 80IA deduction. 5. As such, the assessment passed on 28.03.2013 for the A.Y. 2008-09 u/s.143(3) of the I.T. Act, is considered as erroneous and prejudicial to the interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment order passed by the A.O. per se is neither erroneous nor prejudicial to the interests of revenue. In view of this, the order of CIT setting aside the assessment cannot be upheld. Moreover, we are also not able to understand why the order was set aside. As per the directions of CIT, AO has to re-do assessment after considering the claims made in the revised return of income by the assessee which means, the order of CIT may lead to a situation where it can be a prejudicial order to the interests of revenue, but not the original assessment order which was revised. Therefore, considering it either way, we cannot consider the order of the A.O. as erroneous and prejudicial to the interests of revenue. We, therefore, set aside the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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