Section 263 order not valid for land vacation compensation issue already examined by AO

Texraj Realty Pvt. Ltd Vs PCIT (ITAT Ahmedabad) Assessing Officer noted in the assessment order that the compensation of Rs.10 crores was paid by the assessee to M/s. Bosch Rexroth India Ltd. for vacating the land situated at Vinzol bearing Survey No.324/1 admeasuring 40,087 sq. mtrs. and the land situated at Vatva bearing Survey No. 1037 admeasuring 10,080 sq. mtrs. He also gathered from the submissions made by the assessee that it had sold land only at Vinzol admeasuring 40,087 sq. mtrs. while the land at Vatva admeasuring 10,080 sq. mtrs. was retained by the assessee. Since the entire land ...