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2017 (11) TMI 260 - HC - Income TaxRevision u/s 263 - record to substantiate that the order passed by the assessing officer is erroneous or prejudicial to the interest of revenue - Held that:- In the instant case in the order of the Commissioner of Income Tax, it is noticed that nowhere the Commissioner of Income Tax has recorded his satisfaction, rather the satisfaction was of the Income Tax Officer (Technical) who is not competent to revise the order under Section 263 of the Act. Admittedly, the show cause notice has been issued by the ITO(Technical) which also establishes that without examining the assessment order passed by the assessing officer, the show cause notice has been issued. Furthermore, nothing was brought on record to substantiate that the order passed by the assessing officer is erroneous or prejudicial to the interest of revenue. In the instant case neither the Commissioner of Income Tax has applied his mind nor he has brought on record that the assessment order was erroneous or prejudicial to the interest of revenue. Admittedly, the original order has been passed under Section 143(3) of the Act was an order passed by the assessing authority who is not below in rank of the Income Tax Officer (Technical), who has initiated the proceedings under Section 263 in the instant case. An order cannot be revised by the equally situated or equally ranked authority or by any authority who is not authorised under the law. In the instant case the authorised authority is none else but the Commissioner of Income Tax or Principal Commissioner of Income Tax. - Decided against revenue
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