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2019 (9) TMI 549 - AT - Income TaxRevision u/s 263 - Reopening of assessment u/s 147 - HELD THAT:- Documents available on record and realized that though submission of DR is correct to the effect that the AO in the assessment order did not make any discussion in regard to the query made by him and the explanation submitted by the assessee thereto, however from the statutory notices and questionnaire issued by the AO and replies thereto by assessee and documents available on record, it is undoubtedly clear that the AO thoroughly examined and verified the material facts and documents and all the issues raised in the questionnaire including cash deposit in saving bank account No.11321388010 with State Bank of India, Zira, relevant for passing the assessment order u/s 143(3)/147 and therefore it cannot be said that the AO has not made any enquiry and thus such decision of the ITO cannot be held to be "erroneous" simply because in his order he did not make an elaborate discussion in that regard. CIT issued the notice dated 14.03.2017 u/s 263(1). Though the assessee specifically replied the aforesaid notice as well, however the Pr. CIT, without considering the material available on record, facts and circumstances of the case and contentions of the assessee, cancelled the entire original assessment order dated 20.07.2014 with a direction to the A.O. to the frame the assessment fresh after giving due opportunity to the assessee. Pr. CIT neither make any exercise for examining the record nor gave plausible reason(s) as to why the assessment order is erroneous and prejudicial to the Revenue while coming to the conclusion before initiating and concluding the proceedings u/s 263 therefore, on this aspect as well, the order under challenge cannot sustain. As the original assessment order is based upon detailed enquiry, therefore the Ld. Pr. CIT could not have assumed jurisdiction under the law to revise the Assessment Order in this case, hence we do not have any hesitation to quash the impugned order as the same is unjustifiable and suffers from perversity and impropriety, consequently the same is quashed. Appeal filed by the assessee stands allowed.
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