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    <title>2022 (1) TMI 1398 - ITAT MUMBAI</title>
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    <description>Revision under section 263 is not sustainable where the assessment order is based on enquiries made by the Assessing Officer and reflects one of the possible plausible views, since a different opinion or a desire for deeper enquiry does not by itself establish error and prejudice to revenue. Disallowance under section 37(1) for expenditure alleged to be for a prohibited purpose requires proof that the expenditure itself was incurred for an offence or a purpose barred by law; a mere presumption is insufficient. On the stated facts, advertisement and publicity expenses could not be disallowed on that basis, and the original assessments were restored.</description>
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      <description>Revision under section 263 is not sustainable where the assessment order is based on enquiries made by the Assessing Officer and reflects one of the possible plausible views, since a different opinion or a desire for deeper enquiry does not by itself establish error and prejudice to revenue. Disallowance under section 37(1) for expenditure alleged to be for a prohibited purpose requires proof that the expenditure itself was incurred for an offence or a purpose barred by law; a mere presumption is insufficient. On the stated facts, advertisement and publicity expenses could not be disallowed on that basis, and the original assessments were restored.</description>
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