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    <title>2017 (8) TMI 174 - ITAT DELHI</title>
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    <description>Section 263 revision was invalid because the Assessing Officer had conducted enquiry into sundry creditors, called for details under section 142(1), issued selected notices under section 133(6), and received supporting replies. On these facts, the assessment could not be treated as an order passed without enquiry; at most, the Commissioner viewed the enquiry as inadequate, which is not enough for revision unless the order is demonstrably erroneous and prejudicial to the Revenue. The proposed section 40A(3) point also fell outside the show-cause notice, further undermining the revisionary action. The assessee therefore succeeded.</description>
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    <pubDate>Thu, 13 Apr 2017 00:00:00 +0530</pubDate>
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      <title>2017 (8) TMI 174 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=346116</link>
      <description>Section 263 revision was invalid because the Assessing Officer had conducted enquiry into sundry creditors, called for details under section 142(1), issued selected notices under section 133(6), and received supporting replies. On these facts, the assessment could not be treated as an order passed without enquiry; at most, the Commissioner viewed the enquiry as inadequate, which is not enough for revision unless the order is demonstrably erroneous and prejudicial to the Revenue. The proposed section 40A(3) point also fell outside the show-cause notice, further undermining the revisionary action. The assessee therefore succeeded.</description>
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      <pubDate>Thu, 13 Apr 2017 00:00:00 +0530</pubDate>
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