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2016 (6) TMI 1219 - AT - Income TaxRevision u/s 263 - order of AO to be erroneous and prejudicial to the interest of the revenue - imperfect inquiry - Held that:- CIT has made a reference to the written submission filed by the assessee, he has neither discussed the same nor given any finding thereon so as to point out as to what exactly are the errors in the order of the Assessing officer, which were prejudicial to the interest of the Revenue. He simply brushed aside the submission made by the assessee and held the order of the Assessing Officer to be erroneous and prejudicial to the interest of the revenue on the ground that proper and sufficient enquiry on the issues raised by him in the notice issued under section 263 was not conducted by the assessee. He even did not point out as to how the enquiry made by the Assessing Officer was not sufficient and proper and even failed to point out as to what further enquiry the Assessing Officer was expected to do on the relevant issues. Thus we set aside the impugned order passed by the ld. CIT under section 263 and restore that the Assessing Officer passed under section 143(3). See Leisure Wear Exports Limited case [2010 (9) TMI 351 - DELHI HIGH COURT ] - Decided in favour of assessee.
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