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2021 (12) TMI 101 - ITAT KOLKATARevision u/s 263 by CIT-A - Limited scrutiny assessment completed u/s 143(3) of the Act by the Assessing Officer - TDS liability - HELD THAT:- We are of the considered view that as demonstrated from the facts this is case of limited scrutiny in which the AO is bound by such scope - AO had asked for details of TDS and the assessee had complied with by providing all the details with written submission and evidences that the TDS were deducted and deposited also in the Government account. These details have been furnished before CIT - CIT has nowhere in the order has dealt with the merits of these details furnished before him nor he could justify as to how the order of the AO was erroneous so as to be prejudicial to the interest of the Revenue. It is the settled position of law that the CIT-A must point out in his order as to how the assessment order is erroneous and prejudicial to the interest of Revenue. TDS have been deducted and deposited by the assessee in the Government account, therefore, there is no loss caused to the Revenue. In this case of the limited scrutiny assessment the AO could not have travelled beyond such scope to enquire about TDS details which was not the subject-matter of such limited scrutiny. Nonetheless these TDS details were called for by the AO and verified and they were duly submitted by the assessee. DR could not refute these facts on record. In such scenario, the assessment order is neither erroneous nor prejudicial to the interest of the Revenue. We hold that the assumption of revisionary jurisdiction u/s 263 and consequent order passed by the Pr.CIT is bad in law and deserves to be quashed. - Decided in favour of assessee.
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