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2016 (5) TMI 1308 - AT - Income TaxRevision u/s 263 - exemption under section 10AA eligibility - Held that:- Here is a case in which a claim was made by the assessee, which was apparently in order, and the Assessing Officer, after usual verification, accepted the same. As for the learned Commissioner’s observation that “it is evident that the Assessing Officer while finalized the assessment order u/s 143{3) of the Act without examining assessee's eligibility of claim of deduction u/s. 10AA of the Act for the year under consideration nor carried out any inquiry or cross verification regarding genuineness of assessee's claim that the said consultancy services were actually provided from the SEZ”, we are unable to see any merits in this observation. Whether the Assessing Officer remained unduly passive on the facts which would trigger further inquiries by a reasonable man in his position? - Held that:- In our considered view, that’s not the case. An enterprising Assessing Officer, motivated by his passion and deep commitment, may indeed have discovered, even if that be so, a tax misadventure by an assessee, but that fact, even if correct, does not mean that those Assessing Officer who did not discover this misadventure were acting in a manner leading to their orders being rendered erroneous and prejudicial to the interest of the revenue. The action of the Assessing Officer was bonafide and correct and the conclusions arrived at by him were appropriate vis-ŕ-vis material before him. The fact that he did not visit the assessee, that he did not visually examine the lock to find out when was in use or not, and put all the averments of the assessee on scanner cannot be put against him today. His order may not have discussed these aspects in great detail but then as is the settled legal position the mere fact that the Assessing Officer has not written a detailed order on an issue, even though the details have been called for and are on record, the order cannot be treated as erroneous for the purpose of Section 263 - Decided in favour of assessee
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