KBB Nuts (P) Ltd. v. PCIT (2022) 220 TTJ 716 (Amritsar)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-AO made an extensive, elaborate and necessary enquiry with a view to find out whether the assessee fulfils the conditions mentioned in s. 80-IB or not-Revision is not valid-Commissioner cannot revise the order merely on the proposal sent by the Assessing Officer. [S.80IB (11A]

 Held that the  AO has made elaborate and necessary enquiry for ascertaining as to whether the assessee has fulfilled the conditions mentioned in S. 80-IB as evident from the reading of the notices and replies thereto and allowed the claim for deduction only after satisfying himself that the assessee has fulfilled all the necessary conditions for claiming the deduction. Revision order was quashed. Order passed by the Principal CIT is quashed also on the ground that the proposal for initiation of proceedings under S.  263 was sent by the same AO.  AO cannot be given the right to review his own order in the garb of sending proposal under  section 263 of the Act. (AY.2013-14)