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2011 (1) TMI 1225 - AT - Income TaxValidity of order passed by CIT u/s 263 - no enquiry done by AO - HELD THAT:- no specific objection has been raised by the learned CIT and the general observations were made by him in paragraph 10 of the impugned order that it is explicit that the AO has not made any enquiry and he did not take any pain to examine the issue any further in view of the fact that the seized documents and material shown several new evidence against the assessee. We have examined the questionnaire dated November 17, 2006 issued by the AO which has covered all the points which are raised by the learned CIT in his show-cause notice and in the impugned order passed by him u/s 263 and on all these points, reply along with necessary details and evidence were furnished by the assessee before the AO in the course of assessment proceedings and hence, it has to be accepted that the AO has applied his mind on all these issues and hence the order of the learned CIT u/s 263 is not sustainable in view of the factual and legal position discussed. In the present case, all the points raised by the CIT, enquiry was made by the AO and even if such enquiry was inadequate in the opinion of the learned CIT, this does not give power to the learned CIT to pass order, u/s 263 merely because he has different opinion in the matter. We hold that the common order passed by the learned CIT u/s 263 is not sustainable and hence we quash the same. In the result, all the appeals are allowed.
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