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2015 (9) TMI 741 - AT - Income TaxRevision u/s 263 - as per CIT(A) AO has omitted to cause enquiries in respect of business of buying and selling lands and development of lands by plotting them by the assessee and whether these activities are assessable under business income or under the head income from capital gains - Held that:- Assessing Officer neither called for any details with regard to the activities of the assessee nor made any enquiries before allowing the claims of the assessee while completing the assessment. Order passed by the Assessing Officer under section 143(3) allowing the claims of the assessee without application of mind, without examining the correct position of law is certainly an order passed erroneously and prejudicial to the interests of the Revenue. The case laws relied on by the counsel for the assessee are distinguishable on facts and have no application to this case. Therefore, we hold that the Commissioner of Income Tax rightly invoked the provisions under section 263 of the Act directing the Assessing Officer to do the assessment de novo examining all the issues. Accordingly, we uphold the impugned order of the Commissioner of Income Tax and dismiss the appeal of the assessee. - Decided against assessee.
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