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2022 (10) TMI 1228 - HC - Income TaxRevision u/s 263 quashed by ITAT - revision initiated on failure of AO to completely verify the authenticity of other expenses - HELD THAT:- Tribunal after going through the assessment file and the documents as well as the order sheet was of the opinion that the AO after going through the entire records was satisfied that the assessee had filed necessary details towards the amounts paid by them for transportation charges. Tribunal found that the AO had conducted enquiry by issuing notice under section 133(6) of the Act. Tribunal applied the decision of Max India Ltd.,[2007 (11) TMI 12 - SUPREME COURT] and allowed the appeal filed by the assessee. We find that the entire matter is factual and Tribunal has reappraised the factual position and was satisfied that the Assessing Officer did conduct an enquiry before completing the assessment. Thus, we find that the twin tests which are required to be fulfilled for invoking the power u/s 263 of the Act as laid down in the case of Malabar Industrial Co. Ltd. vs. CIT, [2000 (2) TMI 10 - SUPREME COURT] do not stand fulfilled. Decided against revenue.
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