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2019 (8) TMI 1536 - AT - Income TaxRevision u/s 263 - non-deduction of tax at source u/s 195 on payments - HELD THAT:- Assessee has deducted tax at source on payment. Though the details in respect of the same was provided to the CIT(A) the same was not considered. The issue has been duly examined by the AO during the original assessment proceeding but in the absence of any reflection of the same in the order passed by the AO would not lead to a conclusion that the order of Learned AO calls for interference by the CIT u/s 263 of the Act. The alternative submission made by the Learned assessee’s counsel is this respect that when two views are possible as regards a particular issue and the AO adopts either of two such views then jurisdiction u/s 263 cannot be invoked by the Learned CIT is also acceptable. We take inspiration from the judgment passed in the matter of Malabar Industrial Co. Ltd. as been relied upon in this respect.Hence, we find that order impugned u/s 263 cannot satisfy any of the conditions envisaged in the provision of law as discussed above. Fulfillment of twin conditions so as to the claim of the order being erroneous or prejudicial to the interest of Revenue also fails as already been discussed by us hereinabove. Thus the order impugned does not justify/fulfill any of the conditions within the four corners of law and hence liable to be quashed. Resultantly, the impugned addition upon invocation of jurisdiction u/s 263 of the Act by the Learned CIT is deleted. Assessee’s appeal is allowed.
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