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2023 (1) TMI 1367 - ITAT INDORERevision u/s 263 against order passed u/s 153A - PCIT is of the opinion that since the AO did not disallow cash payments made by the assessee, neither disallowed the exemption of agricultural income considering the fact that the assessee was engaged in Real Estate business was not involved in the agricultural activities, thus making assessment order is erroneous so far it is prejudicial to the interest of the Revenue HELD THAT:- We find that the order impugned passed by the PCIT whereby and whereunder the order passed by the Ld. AO under Section 143(3) r.w.s. 153A of the Act has been sought to be revised is not sustainable due to lack of jurisdiction in invoking Section 263 of the Act by the Ld. PCIT for this particular reason that the order sought to be revised has already been passed by the Ld. ACIT upon prior approval from the ACIT, Indore under Section 153D of the Act and therefore, the same cannot be revised without having any revised decision and/or directions of the ACIT under Section 153D of the Act. We, therefore, respectfully relying upon the ratio laid down in the case of Shri Ramamoorthy Vasudevan [2018 (11) TMI 1874 - ITAT PUNE] quash the impugned order under Section 263 of the Act passed by the Ld. PCIT (Central), Bhopal. Assessee’s appeals are allowed.
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