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2010 (6) TMI 563 - AT - Income TaxCondonation of delay - Revision - Search and seizure - notice under section 148 of the Income-tax Act, 1961 was issued on 5-1-1995 calling upon the assessee to file his return of income - whether the investments in the properties including deposits in the bank accounts standing in the names of his family members were made by the assessee himself in their names and if so to consider them for assessment in the hands of the assessee alone - It is well settled by a catena of decisions that an order, which is erroneous as well as prejudicial to the interest of the revenue, can alone be subjected to revision proceedings under section 263 - whether the order sought to be revised under section 263 is erroneous and prejudicial to the interest of the revenue is essentially a question of fact and therefore would have to be decided on the facts of each case - CIT had sufficient materials before him to come to the conclusion that the assessment orders passed by the Assessing Officer were erroneous and prejudicial to the interest of the revenue - Appeal is dismissed
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