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2016 (3) TMI 747 - AT - Income TaxRevision u/s 263 - CIT(A) directing the assessing officer to carry out enquiry and investigation on the line suggested in the order u/s. 263 and compute the total income accordingly - Held that:- Regarding the issue of survey folder it was the duty the AO to consider the information gathered during the time of survey. Now the question arises whether the information at therein was relevant or not. It was also observed that the order of the ld. CIT is also silent whether the order is erroneous and prejudicial to the interest of Revenue of the revenue. The ld. CIT failed to bring anything concrete on record that the order of the AO is erroneous and prejudicial to the interest of Revenue. We find that the ld. CIT treated the order erroneous on premise regarding the issue of survey. As relying in the decision of CIT v. Sunbeam Auto Ltd. (2009 (9) TMI 633 - Delhi High Court ) and CIT v. Anil Kumar Sharma [2010 (2) TMI 75 - DELHI HIGH COURT] held that the fact as to whether the AO has applied his mind or not need not necessarily be determined from what has been stated in the assessment order alone, it has to be examined as to whether any inquiry was at all conducted by the AO. There exists a difference between lack of inquiry and inadequate inquiry. If there were any inquiry, even inadequate that would not give an occasion to exercise jurisdiction u/s 263 of the Act. In view of above facts and circumstances and the decision of Hon’ble Delhi High Court above cited case law and from the facts and in the light of various judicial pronouncements the order of the ld. CIT cannot be held to be sustainable in law and the same is accordingly set aside. - Decided in favour of assessee
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