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2015 (1) TMI 865 - AT - Income TaxRevision u/s 263 - AO made addition towards TPO adjustment u/s 92CA - Order u/s 143(3) has not been passed in accordance with the provisions of Sec. 144C, thus the order was erroneous and prejudicial to the interest of the revenue as held by CIT(A) - Held that:- Non-compliance of the provisions of Sec. 144C i.e non complying with the natural justice of providing the opportunity to the assessee itself proves that there is error in the order passed by assessing officer and completing the assessment without complying with the provision tantamounts to order being erroneous and prejudicial to the interest of the Revenue. The Hon'ble Supreme Court in the case of Malabar Industrial Co. Ltd. (2000 (2) TMI 10 - SUPREME Court) while holding so has relied on the decision of the Hon'ble Supreme Court in the case of Rampyari Devi Saraogi vs. CIT, (1967 (5) TMI 10 - SUPREME Court). The order passed u/s 263 therefore has to be upheld as, in our opinion, it has passed through the test of fulfilment of both conditions by the CIT that the order passed by the AO is erroneous as well as prejudicial to the interest of the Revenue. We, therefore, dismiss the appeal filed by the Assessee by upholding the order passed u/s 263. - Decided against assessee.
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