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2017 (11) TMI 1559 - AT - Income TaxRevision u/s 263 - allowance of under section 11 or 12 erroneously - Held that:- Assessing Officer passed the assessment order only after seeking reply from the assessee. Though the Assessing Officer has not explained the nature of queries and his decision/observation/finding on such queries. We have further noted that the assessee was granted exemption under section 11 or 12 for the assessment years 1990-91, 2007-08, the assessment year 2008-09 and further in the assessment year 2014-15 in all assessment order passed under section 143(3) of the Act. We are of the considered view that the Revenue must follow the principle of consistency when there is no variance of fact. Admittedly there is no change in the constitution of the organisation/trust. Thus, in our view, the order passed by the Assessing Officer is not erroneous. Thus the twin conditions enunciated under section 263 is not fulfilled while revising the order. It is settled law that twin condition must be satisfied while exercising the order under section 263. Thus, in view of the above discussion, we hold that the assessee is not hit by the provision of section 13(1)(b) of the Act. - Decided in favour of assessee.
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