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2021 (7) TMI 571 - AT - Income TaxRevision u/s 263 - deduction u/s 80IA on account of profit from operation of the generation of power through windmill - whether the requisite jurisdiction necessary to assume revisional jurisdiction is there existing before the Pr. CIT to exercise his power? - HELD THAT:- There is difference between ‘Lack of enquiry’ and ‘inadequate enquiry’. It is for the assessing officer to decide the extent of enquiry to be made as it is his satisfaction as what is required under law. Reliance is placed on the decision of CIT v. Sunbeam Auto Ltd.[2009 (9) TMI 633 - DE LHI HIGH COURT]wherei has held that if there was any inquiry, even inadequate, that would not by itself, give occasion to the Commissioner to pass order u/s 263 of the Act, merely because the Commissioner has a different opinion in the matter and that only in cases where there is no enquiry, the power u/s 263 of the Act can be exercised. The ld. PCIT cannot pass the order u/s 263 of the Act on the ground that further/thorough enquiry should have been made by assessing officer. In the assessee`s instant case, we note that Assessing Officer has raised the query and the assessee has replied that query, therefore, the assessing officer would have examined the relevant issues. Hence, order passed by the assessing officer is neither erroneous nor prejudicial to the interest of revenue. Reason (issues) advanced by the ld PCIT, as noted to treat the assessment order, as erroneous and prejudicial to the interest of revenue, is devoid of merit and does not deserve to be affirmed. We quash the order passed by the ld PCIT under section 263 of the Act. - Decided in favour of assessee.
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