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2022 (12) TMI 70 - AT - Income TaxRevision u/s 263 by CIT - WIP for multiple years - HELD THAT:- The assessee in his reply, which has been extracted in Pr.CIT’s order, submitted that he has explained that the mistake was on account of the typographical error. To substantiate this that the assessee has produced the WIP in respect of the assessment years i.e. for the F.Ys.2012-2013, 2013-2014 and for the relevant F.Y.2014-2015, it is at this point that the ld. Pr.CIT took the stand that the WIP is identical as closing stock for multiple years. Therefore, this is not the issue which was raised in the show cause notice. Once it is not the issue that was raised in the show cause notice, such an issue cannot be directed in a revision proceeding u/s.263 of the Act. TDS in respect of payments made towards equipment hire charges, location/camp hire charges and vehicle hire charges - receipt u/s.194C & 194J of the Act as per 26AS are more than the receipt shown in the ITR - HELD THAT:- TDS has been looked into by the AO in the course of the assessment proceedings. He has already taken a view. The assessee has also categorically admitted that to such extent where TDS is liable to be done, the TDS has been deducted and where payment was less than Rs.30,000/-, no TDS has been deducted. Admittedly, the Pr.CIT in his wisdom failed to consider the issue even after receipt of the reply of the assessee. This clearly shows that the Pr.CIT has not conducted any enquiry after receipt of the reply of the assessee. This is not permitted under the provisions of Section 263 of the Act. Ld. Pr.CIT cannot brush aside the reply of the assessee and set aside the issue to the file of AO for readjudication u/s.263 of the Act without doing any primary investigation. As the first issue of WIP is not an issue arising from the show cause notice issued u/s.263 of the Act and the second issue is an issue which has already been considered by the AO and no investigation has been done by the ld. Pr.CIT, we are of the view that the order passed u/s.263 of the Act is unsustainable and consequently we quash the same. Appeal of the assessee is allowed.
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