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2021 (6) TMI 70 - AT - Income TaxRevision u/s 263 - Bogus purchases - HELD THAT:- The Jurisdictional High Court in the case of CIT vs Nirav Mody [2016 (6) TMI 1004 - BOMBAY HIGH COURT] has held that when a particular view has been taken by the AO, then on the same reasons, the case of the assessee is not required to be reopened in view of the provisions u/s 263 of the Act CIT vs Amitabh Bachchan,[2016 (5) TMI 493 - SUPREME COURT] has also speaks that where a specific view has been taken by the AO then interference u/s 263 is not permissible. Maharashtra High Court in the case of CIT vs Gabriel India Ltd.[1993 (4) TMI 55 - BOMBAY HIGH COURT] has also speaks the same thing in same sense. The facts of the case relied by the Ld. DR i.e. Sphinx Precision Ltd. Vs. CIT, Shimla [2006 (11) TMI 236 - ITAT CHANDIGARH-A] is quiet distinguishable from the facts of the present case being in this case, there was an error in calculation of deduction u/s 80HHC and an error in calculation of income u/s 115JA and the order of the AO was silent on these issues. Taking into account all these facts and circumstances and considering these facts that the issue has not been considered by the AO, while passing order dated 07/12/2016. Therefore, there is no justification invoking the provision u/s 263 of the Act in accordance with law - Decided in favour of assessee.
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