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2023 (12) TMI 340 - ITAT AHMEDABADRevision u/s 263 - as per CIT assessee has been assessed on the lower amount which is erroneous and causing prejudice to the interest of the revenue - mismatch between the income of the assessee shown in form 26AS and Audited Financial Statement and this fact has nowhere been inquired by the AO during the assessment proceedings - HELD THAT:- There is no loss to the revenue as far as income shown by the assessee from M/s Shivam Construction provided the same has been declared in two different AYs as demonstrated by the ld. AR for the assessee. As such, on aggregation of income of the assessee from M/s Shivam Construction in 2 different AYs i.e. 2012- 13 and 2013-14, it is transpired that the assessee has shown excess income as evident from the reconciliation statement filed by the assessee before the Ld. PCIT As decided in Gujarat Engineering Co. vs CIT [2017 (3) TMI 383 - ITAT AHMEDABAD] return of income filed by the assessee in not offering the job work charges in the assessment year 2006-07 when the income has already been offered in the earlier assessment year cannot be said to be erroneous by any stretch of imagination - one of the two conditions, as noted above, is clearly not satisfied. The order u/s 263 is, therefore, liable to be struck down this on score alone. Be that as it may be, what we find from the preceding discussion is this that the veracity of the contention raised by the assessee before the Ld. PCIT has nowhere been verified either by the AO during the assessment proceedings or by the Ld. PCIT and accordingly no finding is thereon of such contention of the ld. AR. As referred to the reply made by the assessee in response to the notice u/s 142(1) we find that the AO has not enquired the aspect highlighted by the Ld. PCIT in his order during the assessment proceedings. Accordingly, it appears to us that the AO in the given case has not conducted any inquiry qua to difference between income shown in form 26AS vis-a-vis Financial Statement. There remain no ambiguity that the assessment order is erroneous in so far prejudicial to the interest of revenue if it has been passed without making inquiries during the assessment proceedings. Accordingly, we do not find any reason to interfere in the finding of the Ld. PCIT. Decided against assessee.
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