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2014 (12) TMI 221 - AT - Income TaxValidity of invocation of section 263 by AO – Revision/reopening of assessment made u/s 143(3) – opportunity of being heard provided to assessee or not - Assessee contended that notice has been issued u/s 263, and assessee submitted detailed reply raised on various issues by the CIT, Kota for P.F. and E.S.I. – Held that:- The AO made additions in original assessment under three heads - on verification of facts, both the parties i.e. revenue as well as appellant are silent whether these enclosures were furnished by the appellant before the AO and considered these evidences before passing the order u/s 143(3) – it has already been held in various judgments that the AO is a quasi-judicial authority as well as investigator of the case - He simply does not put it on record the details on record but make proper inquiry before passing order u/s 143(3) of the Act, which is not reflected from the order itself as he has not applied his mind even he has not mentioned date of order in the order itself, there was a lack of inquiry and AO made this assessment within 15 days from the reply submitted by the assessee even query letter was issued by him on 01/6/2011 – AO completed this assessment because it was barred by limitation by 31st December, 2011without appreciating the fact of the case - CIT has provided reasonable opportunity of being heard and order was passed within time by the CIT under subsection (2) of Section 263 – thus, the order of the CIT is upheld – Decided against assessee.
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