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2023 (1) TMI 969 - AT - Income TaxRevision u/s 263 - Deduction u/s 80IB (10) - CIT noted violation clause ‘f’ of section 80IB(10) - HELD THAT:- We note that ld PCIT found a specific error in the assessment order stating that the view taken by the Assessing Officer is not sustainable in law, as it is violation clause ‘f’ of section 80IB(10) of the Act, as the assessing officer has failed to verify the conditions mentioned in clause ‘f’ of section 80IB(10) of the Act. The Assessing Officer is both an investigator and an adjudicator. If the Assessing Officer as an adjudicator decides a question or aspect and makes a wrong assessment which is unsustainable in law, it can be corrected by the Commissioner in exercise of revisionary power. As an investigator, it is incumbent upon the Assessing Officer to investigate the facts required to be examined and verified to compute the taxable income. The jurisdictional precondition stipulated under section 263 of the Act, is that the PCIT must come to the conclusion that the order is erroneous and is unsustainable in law. We hold that order passed by the assessing officer is unsustainable in law, based on the reasons cited above, which makes the assessment order erroneous as well as prejudicial to the interest of Revenue, hence we confirm the findings of ld PCIT and uphold his order. Appeal filed by the assessee is dismissed.
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