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2019 (2) TMI 1272 - MADRAS HIGH COURTRevision u/s 263 - scope of Commissioner's power under Section 263 - HELD THAT:- The Hon'ble Supreme Court in the case of Malabar Industrial Co. Ltd., vs. CIT [2000 (2) TMI 10 - SUPREME COURT] held that in order to revise an order under Section 263 of the Act, it must be erroneous and prejudicial to the interest of the Revenue. Tribunal rightly found that the completion certificate could be available only when the project is physically completed and as far as assessee's case is concerned, they had produced the completion certificate with reference to the previous year 2007-08 relevant to the assessment year 2008-09. Considering the factual aspects, we are of the view that the Revenue has not made out any case for interference with the order passed by the Tribunal. No substantial question of law.
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