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2014 (2) TMI 177 - HC - Income TaxValidity of revision made u/s 263 of the Act – Held that:- The Tribunal has committed grave error muchless material irregularity and proceeded to pass the order - in respect of the applicability of TDS provision, the Assessing Officer has obtained all the information of labour charges, felting charges and moulding charges and found that the TDS provision is not applicable to these expenses - The reasoning given by the CIT is just and proper as nowhere it is mentioned that the enquiry made by the Assessing Officer has resulted in error in the order and the assessee has given complete details and the Assessing Officer has applied his mind to the relevant material and facts. There are small labourers or machine repairers who were hired under emergent conditions and payments made to them and contended that these are expenses which are really incurred - there is no application of mind on the part of the assessing authority - he is justified in issuing a direction to the assessing authority to redo the matter afresh and pass appropriate orders in accordance with law – there is no reason to interfere with the order passed by the Commissioner of Income tax - The matter is remitted back to the assessing authority for fresh adjudication – Decided partly in favour of Revenue.
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