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2016 (4) TMI 250 - AT - Income TaxRevision u/s 263 - Held that:- The present case of assessee is squarely covered in its favour by the various decisions of Hon’ble Jurisdictional High Court including decision in the case of CIT Vs Joyti Foundations (2013 (7) TMI 483 - DELHI HIGH COURT) wherein it was held that only in the case of no enquiry provisions of section 263 of the Act can validly invoked otherwise in the case of proper enquiry the enquiry cannot be alleged as inadequate or insufficient and on this basis provisions of section 263 of the Act cannot be invoked and the ld. CIT(A) should conduct enquire himself to record finding that assessment order was erroneous and prejudicial to the interest of the Revenue specially when the conclusion of the AO is not contrary to the provisions of the Act and the same is according to the law and sustainable. Their Lordship held that the ld. CIT(A) should not have set aside the order and directed the AO to conduct the enquiry without any conclusion. From the vigilant reading of the impugned order we observe that the ld. CIT(E) without any conclusive findings and observation only on the basis of suspicion and doubts held that the assessment order is erroneous and prejudicial to the interest of the Revenue and directed the AO to examine the issue afresh setting aside the order which is not permissible - Decided in favour of assessee
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