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2020 (5) TMI 337 - AT - Income TaxRevision u/s 263 - Exemption u/s 80P - HELD THAT:- Order passed by the Prin. CIT is bad in law as it does not satisfy the twin conditions, and emphasized that the assessee is entitled for exemption under Section 80P and in the scrutiny proceedings, AO has conducted enquiries in respect of income and claims. On perusal of the assessment order, find that the AO has issued Notice u/s 142(1) of the Act along with questionnaire, but there are no findings or observations of the AO that he has conducted enquiries in respect of income and claims made by the assessee. In the course of hearing, the Bench wanted the Ld AR to furnish details filed in response to notice under Section 142(1) of the Act and questionnaire, the learned Authorized Representative could not substantiate with material evidences filed in the Assessment proceedings. The fact remains that the order passed by the AO prima facie, is without conduct of Enquiry. Assessing Officer could not conduct enquiry into income and claims made by the assessee nor the assessee could demonstrate with evidences that the Assessing Officer has conducted the enquiry. AO has passed the order without conducting enquiries or verifications, and CIT has set aside the order passed u/s 143(3) by the AO and directed the A.O for fresh examination in respect of incomes and claims. Accordingly, we are not inclined to interfere with the order of CIT and of the view that there is no infirmity in the revision order of Pr CIT and upheld the same and dismissed the grounds of appeal of assessee.
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