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TMI Blog2024 (7) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... been framed by the AO without the application of mind - PCIT has not pointed out any flaw in the submissions made by the assessee in response to the notice issued u/s 263 of the Act. As perused the report in form 10DA relating to the deduction claimed u/s 80JJAA and find that it was duly filed by the assessee for claiming the deduction. PCIT has not pointed out any specific defect in such report furnished in form 10DA for claiming the deduction u/s 80JJAA - Thus the assessment has been framed by the AO after necessary verification and application of mind. In the case before us, there was proper verification and application of mind applied by the AO while framing the assessment u/s 143(3) of the Act. Hence, the order passed by the Ld. PCIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee has claimed deduction u/s 80JJAA of the Act, amounting to Rs. 96,567/- only. The assessee in support of such deduction has also filed the form number 10DA which was duly filed in pursuance to the provision of section 80JJAA(2)(c) of the Act. 3.3 In view of the above, the Ld. PCIT was of the opinion that the assessment has not been framed with necessary verification and examination of the provisions of law. Accordingly, the Ld. PCIT proposed to revise the assessment order u/s 263 of the Act, by issuing a show cause notice dated 07/03/2023. The assessee in response to such notice vide letter dated 17/03/2023 submitted that the assessment has been framed after due verification/examination and application of mind by the AO. The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emarks column regarding the eligibility deduction of Rs. 96,567/-, however, particulars in sub-column of column 5 remained blank. Therefore, this issue should have been verified during the assessment proceedings. (iii) The AO during the course of assessment proceedings has simply accepted the submissions made by the assessee and has not verified / enquired the above facts and allowed the above expenses/deductions which are ought to have been disallowed by the AO while finalizing the assessment order. MENT 7. The above facts indicates that the AO while completing the assessment have not properly seen and examined the above issue and therefore the order passed by the AO was prima facie erroneous and prejudicial to the interests of revenue. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act, during the assessment proceedings as well as the replies made by the assessee thereto which are placed on pages 319 to 601 of the paper book. Accordingly, the Ld. AR contended that the assessment has been framed by the AO after due application of mind. 6.4 The ld. AR also submitted that there was no reference to the provision of explanation 2 to section 263 of the Act in the show cause notice issued u/s 263 of the Act. But the ld. PCIT has referred to the explanation 2 to section 263 of the Act in his order. However, the Ld. PCIT has not pointed out any inquiries which the AO should have been made during the assessment proceedings in pursuance to the provision of section explanation 2 of the section 263 of the Act. The Ld. AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2017-18 along with the copies of bills/vouchers exceeding Rs. 1 lakh for such additions. Also furnish complete details of all the deletions made to fixed assets and its treatment given in the books of account and whether any capital gain is leviable on such transactions. A copy of the said notice is attached herewith as Annexure 1. Further in reply to said notice a submission dated 28/1 / 2022 was uploaded wherein required details were submitted in Annexure 13 and 14. A copy of said letter along with the relevant annexures and copies of invoices of fixed assets exceeding Rs. 100000 is enclosed herewith as Annexure 2. II. Please furnish following information in respect of commission paid: S.No Name, address Email ID and PAN of the party t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Ld. PCIT has not pointed out any flaw in the submissions made by the assessee in response to the notice issued u/s 263 of the Act. 8.2 Moving further, we have perused the report in form 10DA relating to the deduction claimed u/s 80JJAA of the Act placed on paged 602 to 603 of the paper book and find that it was duly filed by the assessee for claiming the deduction. Furthermore, the Ld. PCIT has not pointed out any specific defect in such report furnished in form 10DA for claiming the deduction u/s 80JJAA of the Act. In view of the above and after considering the facts in totality, we are of the view that the assessment has been framed by the AO after necessary verification and application of mind. 8.3 Moving further, we note that in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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