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2005 (1) TMI 600 - ITAT DELHIChallenged the Revision order passed u/s 263 - Of orders prejudicial to interests of revenue - bad debts and deviation from provisions of section 145A - HELD THAT:- In our view it has been rightly pointed out by the learned counsel for the assessee that in this case the accounts of the assessee had been audited and the return of income was backed by an elaborate Tax Audit Report on various points relating to the assessment. The assessee has been assessed year after year and the past history of the case contained nothing to provoke intensive investigation into the facts of the case. The learned counsel has placed assessment orders for various assessment years prior to the completion of the assessment order in question by the Assessing Officer and compared against them, there does not appear to be any prima facie case that the learned Assessing Officer was oblivious of his responsibilities while completing assessment u/s 143(3), as alleged by the learned CIT. The learned CIT has stated that the assessment has been completed in routine manner, but he has not pointed out that any extraordinary circumstances existed so as to warrant assessment proceedings in an extraordinary manner in this case. As to the examination of the facts and bringing material on record, it is quite possible that the learned CIT would have liked it in more depth and detail. From that it does not follow that the learned Assessing Officer did not perform his task properly. While it is true that on the particular facts and the circumstances of a case want of enquiry and examination of facts on the part of the Assessing Officer in itself may render the assessment order erroneous and prejudicial to the interest of revenue, but it is not that if an assessment order suffers from some deficiency from the perfectionist point of view that order is erroneous and prejudicial to the interest of revenue. We, therefore, do not see much substance in various general observations of the learned CIT in relation to the Assessing Officer carrying out enquiring in a routine or perfunctory manner. In the case before us, we find that the assessment order has been made by the Assessing Officer in accordance with the past history of the case. For the main objection raised by the learned CIT in relation to royalty allowed by the Assessing Officer no prima facie case has been made out that the view taken by the Assessing Officer is erroneous. We, therefore, hold that the impugned order u/s 263 is not legally sustainable. We quash the order u/s 263 and allow this appeal filed by the assessee.
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