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2021 (10) TMI 404 - AT - Income TaxRevision u/s 263 - assessment order passed by AO u/s 153A/143(3) sought to be set aside for reframing the assessment in terms of supervisory jurisdiction - Bogus purchases - HELD THAT:- PCIT himself has not alleged a lack of inquiry in the matter; but has averred that adequate inquires were not carried out in the matter. We do not understand the purport of such observations. PCIT has not spelt out as to what inquiry was lacking in the action of the AO. PCIT himself has not done any minimal inquiry to ascertain the alleged error of inadequacy in inquiries. It appears that the PCIT has merely directed the AO to make further inquiries to find out whether some error has been committed or not. In our view, before giving such general directions, it was incumbent upon the PCIT to show that the view taken by the AO is wholly unsustainable in law - revisional powers cannot be exercised in a perfunctory manner for directing some further and fuller inquiry made to merely find out if the earlier view taken is erroneous or not. In the instant case, an inquiry has been carried out and defense of the assessee was affirmed by the Assessing Officer as well as the JCIT. We thus see no scope for review for the purposes of making some unspelt "inadequate inquiry". Thus, the ingredients for issuing show-cause notice under Section 263 of the Act are found absent - revisional order passed under Section 263 of the Act is bad in law - Decided in favour of assessee.
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