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2021 (10) TMI 951 - AT - Income TaxRevision u/s 263 by PCIT - claim of deduction u/s 80P - HELD THAT:- AO had indeed made requisite enquiries on the subject mentioned issue of claim of deduction u/s 80P - Infact the return itself was selected for limited scrutiny only for examining the said deduction. AO had indeed carried our requisite enquiries on the same and had duly applied his mind on the eligibility of assessee for claiming deduction u/s 80P of the Act by taking due cognizance of the fact that the assessee is a registered co-operative housing society deriving interest income from deposits kept with co-operative banks. The assessee had indeed placed the copies of scrutiny assessment orders for the immediately preceding two assessment years before the ld AO, wherein under identical facts and circumstances AO had accepted the fact that interest received from a co-operative bank would be eligible for deduction u /s 80P - AO could not have taken any other view in the matter while framing the assessment as he is bound to apply the rule of consistency. When the rule of consistency has been applied by the ld AO, his order cannot be termed as erroneous without bringing any fresh facts on record. PCIT had not brought any evidence on record to prove that the facts prevailing in Asst Yea₹ 2013-14 and 2014-15 were different from that of facts prevailing in the year under consideration. Hence in our considered opinion, the conclusion of the ld PCIT that no enquiries were indeed carried out by the ld AO cannot be accepted and hence the revision order passed by him u/s 263. - Decided in favour of assessee.
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