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2022 (4) TMI 538

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..... Garg , Judicial Member : The present appeal has been preferred by the assessee against the order dated 02.03.2020 of the Principal Commissioner of Income Tax-5, Kolkata [hereinafter referred to as 'PCIT']. The assessee is aggrieved by the action of the PCIT in invoking the jurisdiction u/s 263 of the Income Tax Act (hereinafter referred to as the 'Act') thereby setting aside the assessment order .....

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..... been remanded back to the A.O. A perusal of the relevant paras of the impugned order reveals that the ld. PCIT has not pointed out any error, discrepancy or otherwise any incriminating material justifying his exercise of revision jurisdiction u/s 263 of the Act relating to the aforesaid two issues. The only issue raised by the ld. PCIT in para 6 of the impugned order is relating to non-deduction o .....

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..... to the ld. PCIT but he failed to point out any defect or discrepancy in the accounts of the assessee. In view of this, we do not find any justification on the part of the ld. PCIT in passing the impugned order u/s 263 of the Act and the same is therefore, quashed. 4. In the result, the appeal of the assessee stands allowed. Kolkata, the 28th March, 2022.
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