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2017 (4) TMI 1435 - HC - Income TaxRevision u/s 263 - addition of business income @ 8% of the gross receipts - HELD THAT:- In ITO v. DG Housing Projects Ltd. [2012 (3) TMI 227 - DELHI HIGH COURT] this Court held that: "In cases where there is inadequate enquiry but not lack of enquiry, again the CIT must give and record a finding that the order/enquiry is erroneous. This can happen if an enquiry and verification is conducted by the CIT and he is able to establish and show the error or mistake made by the Assessing Officer, making the order unsustainable in law." In the instant case, the order of the CIT did not fulfil the above test. The Court is unable to discern any legal infirmity in the impugned order of the ITAT. The question framed is answered in the negative i.e. against the Revenue and in favour of the Assessee.
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