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2021 (7) TMI 1185 - ITAT KOLKATARevision u/s 263 - as per CIT AO erred in allowing deduction claimed for maintenance/compensation related to rental income when only standard deduction of 30% is allowable which amounts to double deduction, on the issue of notional rental income from undivided share of an unrented ancestral building and on the issue of interest u/s.234B - HELD THAT:- Taking note of the decision of the Apex court in the case of Malabar Industrial Co. Ltd. Vs. CIT [2000 (2) TMI 10 - SUPREME COURT] held that if the A.O. has taken a possible view, it cannot be said that the view taken by him is erroneous nor the order of the AO in that case can be set aside in revision. It is a case of no-enquiry at all on these issues and it is not the case of the assessee that A.O. was made aware that issues have been settled by the Tribunal and accepted by the department. In the light of the above facts since the A.O. has not made any enquiry into the faults pointed out by the CIT, the order passed by the A.O. has to be treated as erroneous as well as prejudicial to the interest of the revenue. CIT gets jurisdiction to invoke revisional jurisdiction u/s.263 of the Act and thus the legal issue raised by the assessee is dismissed. The other issues raised in the other grounds need factual enquiry and verification, so we are not examining the merits of those grounds. So, those grounds of the assessee preferred against the merits of all the issues raised by the Ld. PCIT stand dismissed. Therefore, we do not find any infirmity in the order passed by the Ld. Pr. CIT and the impugned order of the Ld. Pr. CIT is upheld - before parting we direct the A.O. that while he gives effect to the Ld. PCIT's order, he has to take into consideration the rule of consistency raised by the assessee and decide the issue in accordance to law - contentions of the assessee on each issues should be considered by the A.O. while deciding all issues and the issues settled by this Tribunal cannot be disturbed without there being any change in fact or law and in accordance to principles of consistency and in accordance to law. - Decided against assessee.
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