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2011 (12) TMI 388 - ITAT, JODHPURReopening - it came to the notice of the AO that the assessee has not reduced deduction under s. 80-IA from profit of the business for computing deduction under s. 80HHC of the Act - In case of the appellant all the three issues which have been dealt with by the AO i.e. deductions under ss. 80HHC, 80-IA/80-IB, indirect cost, 90 per cent of interest income in the reassessment proceeding were also considered at the time of original assessment under s. 143(3) which is clear from the reply of the appellant mentioned above - AO had no new material facts available with him at the time of reassessment proceedings by issuing notice under s. 148 of the Act; he has acted only on the basis of different objections raised by the Audit Department - AO has pointed out the facts which were available in the original return and these facts were considered by the AO while passing the assessment order - It is not the case of the Revenue that Jurisdictional High Court or Hon'ble apex Court has held that deduction under s. 80HHC is to be allowed after reducing deduction under s. 80-IB of the Act. of course there is divergence of opinion on this issue but once the AO has taken the decision in original assessment then the decision cannot be substituted by another AO by issuing notice under s. 148 of the Act - Decided in favor of the assessee
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