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    <title>2021 (7) TMI 485 - ITAT SURAT</title>
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    <description>Section 263 revision was prima facie available because the assessment had allowed the claim without examining the land&#039;s nature and the related eligibility issue, making the order potentially erroneous and prejudicial to the Revenue. However, the assessee&#039;s reply to the show-cause notice was not effectively considered due to difficulty in opening the uploaded response, and the revision was completed in haste before limitation expired. On those facts, the requirement of a fair opportunity was not fully met, so the impugned revision was set aside and the matter remitted for fresh adjudication after reasonable hearing.</description>
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      <link>https://www.taxtmi.com/caselaws?id=409643</link>
      <description>Section 263 revision was prima facie available because the assessment had allowed the claim without examining the land&#039;s nature and the related eligibility issue, making the order potentially erroneous and prejudicial to the Revenue. However, the assessee&#039;s reply to the show-cause notice was not effectively considered due to difficulty in opening the uploaded response, and the revision was completed in haste before limitation expired. On those facts, the requirement of a fair opportunity was not fully met, so the impugned revision was set aside and the matter remitted for fresh adjudication after reasonable hearing.</description>
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