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2019 (12) TMI 878 - AT - Income TaxRevision u/s 263 - non application of mind by PCIT - PCIT need not to take guidance from AO to revise the assessment order - HELD THAT:- PCIT exercised his jurisdiction under section 263 of the Act based on the proposal received from AO for revision of the Assessment Order. It means, the ld PCIT is using the mind of the assessing officer to revise the order of AO u/s 263 which according to us is not the scheme of section 263 of the Act. PCIT ought to apply his own mind to examine whether order passed by the assessing officer is erroneous and prejudicial to the interest of revenue. That is, ld PCIT should examine the assessment records and assessment order made by AO to find out the error in the assessment order, as the power under section 263 is given to ld PCIT and not to ld AO. PCIT need not to take guidance from AO to revise the assessment order. That is, the revisional jurisdiction vested with the PCIT as per the scheme of the Act. The Act gives various powers to various authorities to exercise powers and they have to exercise powers in their respective given sphere which is clearly ear-marked and spelled out by the statute. Thus, the revisional jurisdiction exercised by the ld PCIT is not in accordance to law therefore, order passed by the ld PCIT u/s 263 of the Act is not sustainable in law.
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