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2023 (9) TMI 888 - ITAT RAIPURRevision u/s 263 - show-cause notice issued dated 21.12.2020 were not responded by the assessee, therefore PCIT has no material in hand to deliberate upon the issue and to consider the contentions of the assessee - HELD THAT:- Since, the assessee was non-compliant before Learned PCIT and no addition was made or directed to be made by the Learned PCIT, the matter was only restored back to the files of AO which was the only option available with the PCIT, so as to comply with the principles of natural justice. Assessee was provided with the adequate opportunity to explain its case or to comment upon on the reasons recorded for revisionary proceedings wherein the issues were raised by the PCIT so as to establish that the order of AO was not erroneous so far as it is prejudicial to the interest of Revenue in view of Explanation-2 of Section 263 of the Income Tax Act but assessee chooses not to rebut on the same. Under such a scenario since the issue raised in the order under Section 263 of the Act were restored back to the file of AO and the assessee has the opportunity to explain its case and liberty to submit necessary evidence/information before the AO there was no prejudiced caused to the assessee. We, therefore, are of the considered opinion that there was no infirmity in the order of PCIT which calls for any interference. Appeal filed by the assessee is dismissed.
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