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if a query is raised during the assessment proceedings which was responded to by the assessee, the mere fact that the query was not dealt with in the assessment order then it would not lead to a conclusion that no mind has been applied to it and the Assessing Officer is not expected to raise more queries, if he was satisfied about the admissibility of claim on the basis of the material and the details supplied.

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Sec. 263 of Income Tax Act, 1961— Revision — A view was already taken by AO in the issues which form subject matter of revision u/s 263 and the said view could not be held to be illegal or unsustainable in law, in any manner and therefore, the exercise of jurisdiction u/s 263 would be invalid in such a case as if AO adopted one of the possible views, the Pr. CIT would be ousted to exercise jurisdiction u/s 263—ASIAN HOMES P. LTD. Vs. PR. CIT [2020] 78 ITR (TRIB) 240 (ITAT-MUMBAI)

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