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2020 (2) TMI 711 - AT - Income TaxRevision u/s 263 - TDS u/s 195 - income admitted by the NRI - non- deduction of tds - order u/sec. 201(1) & 201(1A) - HELD THAT:- Assessee has filed the details before the Assessing Officer by stating that NRI has offered the entire income for taxation by filing return of income before the Assessing Officer (International Taxation), Nellore and therefore treating the assessee is in default is not correct and requested to rectify the order. By considering the explanation of the assessee, the Assessing Officer is of the opinion that NRI has already filed his return of income by offering the income for taxation, therefore he rectified his order on 14/06/2018. We find that ld.Commissioner is not able to establish what the prejudice is caused to the Revenue in the rectification order passed by the Assessing Officer. To invoke section 263, both the conditions have to be fulfilled i.e. order passed by the Assessing Officer not only erroneous but also prejudicial to the interest of the Revenue. In the present case, ld.Commissioner not able to establish that the order passed by the Assessing Officer is prejudicial to the interest of the Revenue, therefore it is not a fit case to invoke section 263. Accordingly, the order passed by the ld.Commissioner is reversed and restore the order of the Assessing Officer. - Decided in favour of assessee
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