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    <title>2019 (10) TMI 1395 - ITAT MUMBAI</title>
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    <description>Section 263 revision is not sustainable where the assessment order follows enquiry and adopts a possible view on the same material. The assessee had disclosed the gift transfer of shares at nil consideration, explained the commercial rationale, and furnished supporting documents during assessment; the Assessing Officer raised queries, received replies, and considered the tax position, including the plea that a gift was not taxable and that capital gains computation would fail without consideration. On these facts, the revisional authority merely substituted a different view without showing lack of enquiry or any legally sustainable error prejudicial to revenue, so revision was held impermissible and the assessment order stood.</description>
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      <title>2019 (10) TMI 1395 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=293246</link>
      <description>Section 263 revision is not sustainable where the assessment order follows enquiry and adopts a possible view on the same material. The assessee had disclosed the gift transfer of shares at nil consideration, explained the commercial rationale, and furnished supporting documents during assessment; the Assessing Officer raised queries, received replies, and considered the tax position, including the plea that a gift was not taxable and that capital gains computation would fail without consideration. On these facts, the revisional authority merely substituted a different view without showing lack of enquiry or any legally sustainable error prejudicial to revenue, so revision was held impermissible and the assessment order stood.</description>
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