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    <title>2023 (9) TMI 1738 - ITAT DELHI</title>
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    <description>The dominant issue was whether the assessment order was &quot;erroneous and prejudicial to the interests of the Revenue&quot; warranting revision u/s 263 on the ground that cash found during search, allegedly unrecorded, should have been taxed as unexplained money u/s 69A r/w s 115BBE. The ITAT held that the AO had made a specific enquiry on the source of cash and the assessee furnished a specific explanation attributing it to long-term capital gains from sale of jewellery, which the AO considered in the assessment. Since revision u/s 263 is permissible for lack of enquiry and not for alleged inadequacy of enquiry, the twin conditions were not satisfied; the revision order was set aside and the assessee&#039;s appeal was allowed.</description>
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      <title>2023 (9) TMI 1738 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=465507</link>
      <description>The dominant issue was whether the assessment order was &quot;erroneous and prejudicial to the interests of the Revenue&quot; warranting revision u/s 263 on the ground that cash found during search, allegedly unrecorded, should have been taxed as unexplained money u/s 69A r/w s 115BBE. The ITAT held that the AO had made a specific enquiry on the source of cash and the assessee furnished a specific explanation attributing it to long-term capital gains from sale of jewellery, which the AO considered in the assessment. Since revision u/s 263 is permissible for lack of enquiry and not for alleged inadequacy of enquiry, the twin conditions were not satisfied; the revision order was set aside and the assessee&#039;s appeal was allowed.</description>
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