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2019 (12) TMI 144 - AT - Income TaxRevision u/s 263 - revenue authorities namely Pr. CIT / CIT is vested with the supervisory powers of suo-moto revision of any order passed by the AO - HELD THAT:- Nothing on record would establish the fact that these submissions were not available in the case records and it is also not the allegations of Ld. Pr.CIT. Therefore, the aforesaid action u/s 263 could not be triggered only on the basis of mere apprehension / doubts. Another apprehension raised by Pr.CIT was the fact that order sheet entries were not properly maintained. However, we are not convinced with the reasoning / logic since the no fault could be found on the part of assessee with respect to maintenance of order sheet entries. The same was the responsibility of AO and the assessee could not be made to suffer and go through the entire exercise of assessment proceedings merely because there was certain lapse of this kind on the part of AO. Therefore, the exercise of jurisdiction on this basis could not be held to be justified. We find that the assessee was directed to file various details vide notice dated 15/06/2016, against which two replies were filed by the assessee and the same were subject matter of consideration by Ld. AO. After satisfying himself with the details furnished by the assessee, the assessment was framed. The Ld. Pr.CIT finding shortcomings in the verification made by AO, set-aside the order and directed AO to framed assessment de-novo. As already noted by us, AO had appreciated the details submitted by the assessee and chose not to make any additions on the basis of details furnished by the assessee. Therefore, the order could not be branded as erroneous or prejudicial to the interest of the revenue simply because the revisional authority felt that further verifications should have been done in the matter and more aspects were to be considered while framing the assessment. If that be so, there would be no end to assessment proceedings and the matter would never attain finality. CIT, in our opinion, could not be clothed with unbridled power to undo each and every assessment merely because, in his opinion, further verifications were required to be made unless it was shown that the order under consideration was not passed in accordance with law. Therefore, we are of the considered opinion that revisional jurisdiction u/s 263 as exercised by Ld. Pr.CIT vide order dated 19/03/2019 could not be held to be sustainable under law. By quashing the same, we restore the original order framed by AO u/s 143(3).
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