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2022 (1) TMI 1201 - AT - Income TaxRevision u/s 263 - Disallowance u/s 14A r.w.r. 8D - HELD THAT:- No addition has been made on account of reverse merger which would support the argument of Ld. AR that original assessment order would could not be termed as erroneous and prejudicial to the interest of the revenue on this count. We concur with these arguments and would accordingly, hold that revision u/s. 263 was not justified on this issue. So far as the disallowance u/s. 14A is concerned, it is quite discernible that this disallowance was subject matter of original assessment proceedings and Ld. CIT(A) had already deleted the disallowance vide order dated 30.01.2019. The revenue's ground of appeal, on this issue, stood dismissed by Tribunal vide order dated 08.09.2021. Nevertheless, it could not be said that Ld. AO failed to make proper enquiries as to disallowance u/s. 14A as alleged by Ld. Pr. CIT. As on the date of revisions, the issue of disallowance u/s. 14A was already adjudicated by learned first appellate authority and the order of Ld. AO stood merged with the appellate order on that date. Therefore, revision of order, on this issue, would have no legs to stand and are liable to be quashed.
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