Relying on the decision of Hon’ble Delhi High Court in the case of CIT v. Sunbeam Auto Ltd. (2009)31 DTR 1 (Delhi)(HC), the Hon’ble Tribunal adjudicating the matter in favour of assessee, held that inadequacy of enquiry cannot be sufficient ground for initiation of proceedings under section 263 of the Act. Where proceedings under section 147 of the Act were initiated for verification of the sources of cash deposits into bank account and the AO after considering the submissions made by the Assessee and after applying his mind concluded that there was no malfeasance on behalf of the Assessee, it cannot be said that the AO made insufficient enquiries during assessment and took an unreasonable and unplausible view. Accordingly, the order is quashed. (AY. 2015-16)
Mahabir Prasad Ajirma v. PCIT (2021) 213 TTJ 610 / 206 DTR 361 (Raipur)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Sources of cash deposits-Verified in the proceedings u/s. 147-Revision was set aside. [S. 68, 147]