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2018 (7) TMI 2110 - AT - Income TaxRevision u/s 263 - assessment orders framed u/s 153C - HELD THAT:- It is a settled law that provisions of Sec.263 cannot be invoked to each and every type of mistake or error committed by the AO. Where two views are possible and AO has taken one view with which CIT does not agree, then the order passed by the AO cannot be treated as erroneous and prejudicial to the interest of Revenue unless the view taken by the AO is unsustainable. In the present case, we find that no addition has been made in the case of M/s. Vijay Constructions and Shri Pavan Vijay Jadav in the assessment orders framed u/s 153C - order of Ld.CIT directing to make addition in the hands of the assessee is uncalled for. No material has been placed by the Revenue to demonstrate that the view taken by the AO while passing the order u/s 143(3) r.w.s. 147 was unsustainable in law. In the present case, Ld.CIT was not justified in invoking the provisions of Sec.263 - set aside the order of Ld.CIT, whereby he has set aside the assessment order passed by the AO u/s 143(3) r.w.s. 147 - Thus, the grounds of the assessee are allowed.
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