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    <title>2025 (9) TMI 1823 - ITAT SURAT</title>
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    <description>Revision under section 263 cannot be sustained where the revisional authority does not decide the issue on merits and sets aside the assessment merely to keep the controversy alive. The Tribunal noted that the Principal Commissioner did not record a substantive finding on error and prejudice after considering the rival submissions and the record, but instead directed fresh consideration because a similar issue was pending challenge before the High Court. The revisionary orders were set aside and the matters were remitted for fresh adjudication in accordance with law after granting the assessee adequate opportunity of hearing.</description>
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      <link>https://www.taxtmi.com/caselaws?id=469845</link>
      <description>Revision under section 263 cannot be sustained where the revisional authority does not decide the issue on merits and sets aside the assessment merely to keep the controversy alive. The Tribunal noted that the Principal Commissioner did not record a substantive finding on error and prejudice after considering the rival submissions and the record, but instead directed fresh consideration because a similar issue was pending challenge before the High Court. The revisionary orders were set aside and the matters were remitted for fresh adjudication in accordance with law after granting the assessee adequate opportunity of hearing.</description>
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