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2023 (3) TMI 310 - AT - Income TaxRevision u/s 263 - addition on lumpsum basis to the returned income - HELD THAT:- PCIT in a very casual and negligent manner has passed the order and copy pasted the finding of some other assessee in the instant case. In our opinion, great power comes with extraordinary responsibility and should be exercised mindfully and cautiously. However, in the instant case, the same appears to be not at all exercised in the manner in which it should have been exercised. Even on merit also, we find that by the time the AO passed the assessment order u/s.143(3) had passed the judgment against the seller namely Ms. Kalavati Rajendran who had sold the property to the assessee and has held that the title of Ms. Sukul Yashoda is valid and the claim of Ms. Kalavati about the title and ownership of the impugned property was declared as void. Since the title of the seller and in consequent of the assessee are held to be bad in law, therefore, the question of making the addition on the basis of such a defective and illegal title cannot be sustained. Since the AO in the instant case has passed the order on the basis of the receipts and payments statement, bank statement, sale deed copies etc., therefore, in absence of any specific reasoning given by the PCIT as to how the order has become erroneous and prejudicial to the interest of the Revenue and since he has cancelled an order passed u/s. 143(3) dated 18.4.2017 whereas the order passed u/s.143(3) in the instant case is 11.12.2017, therefore, it is a complete non-application of mind by the PCIT for which we set aside the order of the learned PCIT passed u/s. 263. The grounds raised by the assessee are therefore, allowed.
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