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2022 (6) TMI 1439 - GUJARAT HIGH COURTValidity of Revision u/s 263 - PCIT held AO had passed the assessment order without making disallowance u/s 40(a)(ia) on payment made to labour contractor and payment made to various person in cash in excess of Rs. 20,000/- - Tribunal allowed the appeal of assessee quashing and setting aside the order passed by PCIT - HELD THAT:- We note that during the assessment proceedings, assessee had submitted before assessing officer (AO), the cash payment register and explained each of the item of proposed addition as per show cause notice of assessing officer. The cash payment register wherein payment has been explained to the assessing officer. AO having gone through the cash payment register and explanation of each item, did not make the addition. Therefore, we note that assessing officer has examined this issue during the assessment stage and has taken a possible view and therefore, he did not make the addition. Hence, so far this issue is concerned, the order passed by the assessing officer, is neither erroneous nor prejudicial to the interest of the Revenue. Thus in view of settled legal position with regard to invoking of section 263 of the Act, 1961, we are of the opinion that there is no infirmity in the impugned order passed by the Tribunal so as to give rise to any substantial question of law.
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