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2017 (6) TMI 870 - AT - Income TaxRevision u/s 263 - no proper enquiry conducted by AO with respect to the documents found during the course of search at the premises of M/s ABL - lack of inquiry or inadequate inquiry - Held that:- A perusal of the documents on record reveal that the questionnaire was issued to the assessee during the course of assessment proceedings for the years 2005-06 to 2011-12. The first questionnaire was issued to the assessee by the Assessing Officer on 27.11.2012. The assessee gave detailed reply to the questionnaire on 11.12.2012 and 14.12.2012. The reply of the assessee is at page No. 6 to 10 of the paper book. A perusal of the reply reveals that questions were raised by the Assessing Officer with respect to document found/ impounded during the course of search at the premises of M/s ABL. Thereafter, another questionnaire was sent to the assessee by the Assessing Officer on 28.02.2013. The assessee vide communication dated 06.03.2013 gave detailed reply to the Assessing Officer answering the queries raised by the Assessing Officer. In the second questionnaire, the Assessing Officer had raised further queries with respect to the documents seized from the premises of M/s ABL. Thus, from the documents on record, it is evident that Assessing Officer had made enquiries during course of assessment proceedings with respect to the document seized/ impounded from the premises of M/s ABL. We find merit in the submissions of the ld. AR that it is not a case of ‘no enquiry’. Undisputedly, the present case is not the one which suffers from ‘lack of enquiry’. At the best the present case can be one of those where there was ‘inadequate enquiry’. Under such circumstances, the Commissioner of Income Tax cannot exercise his revisional jurisdiction. - Decided in favour of assessee.
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