Virendra Singh Bhadauriya v. PCIT (2021) 211 TTJ 452 / 204 DTR 400 (Jaipur)(Trib.)

S. 263 : Revision of orders prejudicial to Revenue-Twin conditions to be satisfied-Assessment order cannot be said to be erroneous in law-Revision was quashed. [S. 54F]

Where the assessee, an individual, sold one property and purchased two properties, the disallowance with respect to 50% of the investment by the Assessing Officer cannot be said to be an erroneous decision. There must be some material with the Commissioner to revise the assessment order. Also, if the Assessing Officer has made all enquiries it cannot be said that there has been a lack of enquiry. Also, the proviso to Section 54F is not violated-the date of purchase vide registered sale deed and consequent possession is to be taken into consideration which is well beyond the period of one year, and not the agreement of sale. (AY.  2015-2016)