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2016 (2) TMI 1071 - AT - Income TaxRevision u/s 263 - ‘Change in opinion’ - Held that:- As far as the question of invocation of jurisdiction through a notice u/s 263 is concerned, we have perused the said notice, photo copies placed before us and in our considered opinion the learned Commissioner was very much clear in his mind about the genuineness of the claim of expenditure, therefore, he had issued the said notice providing an opportunity to the assessee to explain the legality of the claim. Moreover, the assessee has also answered this query vide a reply without raising any doubt at that point of time. Hence we hereby hold that the objection is not sustainable in the eyes of law. As examined the findings of Commissioner according to which he has directed the AO to make necessary enquiries as regards the allowability of the said expenditure that too after providing opportunity to the assessee. This is not the case where the directions were to disallow the expenditure in question but the directions were simply to verify the admissibility of the claim. In such situation when the learned Commissioner has not directed to disallow the claim, or in other words, the directions were not conclusive in nature, we hereby hold at this stage that no prejudice has been caused to the assessee. The assessee has ample opportunity to explain his case. We, therefore, conclude that there is no fallacy in the directions of the learned Commissioner to the AO to pass a fresh assessment after making necessary enquiries in respect of the expenditure claimed under the head “Corporate Social Responsibility.” The order of the learned Commissioner passed u/s 263 dated 27-03-2014 is hereby confirmed. - Decided against assessee.
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