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2023 (4) TMI 102 - AT - Income TaxRevision u/s 263 - as per CIT AO has not verified properly the claim of deduction u/s. 80P - HELD THAT:- In this case, as discussed no enquiry has been made by the Assessing Officer during the assessment proceedings regarding the eligibility of the assessee for deduction under section 80P of the Act. Therefore, the assessment order is erroneous and prejudicial to the interest of the Revenue. Hence, we uphold the order under section 263 of the Act dated 29.03.2022. Accordingly, Ground No.1, 2 and 4 are dismissed. Claim of deduction under Chapter-VIA - HELD THAT:- AR has not produced any document to rebut the findings given by ld.Pr.CIT that the case of assessee was selected to verify assessee’s claim of deduction under Chapter-VIA. Since the case of assessee was selected for verification of assessee’s claim of deduction under Chapter-VIA, as observed by us, the AO had not carried out any enquiries and ld.AR has not submitted any document to prove that AO had verified Chapter-VIA deductions, the ld.Pr.CIT had jurisdiction to invoke powers under section 263 of the Act. Therefore, Ground No.1 and 3 raised by the assessee are dismissed. Applicability of the Hon’ble Supreme Court’s decisions - Assessee has referred to the Hon’ble Supreme Court’s decision in the case of Tolgar’s Co-op Sale Society [2010 (2) TMI 3 - SUPREME COURT]; Mavilayi Services Cooperative Credit Society Ltd. [2021 (1) TMI 488 - SUPREME COURT] and Tumkur Merchants Suharda Credit Co-op Society Ltd [2015 (2) TMI 995 - KARNATAKA HIGH COURT]- HELD THAT:- As mentioned in earlier paragraphs no factual details have been brought on records by ld.AR, therefore in the absence of factual details the assessee cannot plead applicability of the Hon’ble Supreme Court’s decision as mentioned above. Therefore, Ground No.4, 5 and 6 are dismissed. Notice was not served on assessee - assessee has claimed that notice under section 263 was collected by him from the Income Tax Department - HELD THAT:- It is an admitted position by the assessee that notice under section 263 has been received by assessee. Whether the Department sends the notice by post or whether assessee collects the notice, in both the scenario the service of notice is complete, when assessee receives it and in this case it is an admitted fact that the assessee had received the notice u/s.263 of the Act. In these facts and circumstances of the case, once valid notice under section 263 has been served on the assessee, the proceedings under section 263 cannot be held to be without jurisdiction. Therefore, the Ground No.7 is dismissed.
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