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2013 (10) TMI 428 - HC - Income TaxRevision u/s 263 - deduction u/s 80HHF - an order erroneous and prejudicial to revenue - power of CIT(A) - Held that:- Jurisdictional pre-conditions stipulated in Section 263 of the Act are not satisfied - The Assessing Officer did conduct investigation and accepted the claim under Section 80HHF on being satisfied that the conditions stipulated in the said Section are satisfied. It is not the case of "no investigation". It is also not a case where per-se further investigation was required - Power of review under Section 263 of the Act can be invoked only if the order is erroneous and for this the Commissioner must record the reason that the order was erroneous and the claim under Section 80HHF was wrongly allowed. Once the said claim was considered and examined by the Assessing Officer, Commissioner cannot set aside the order without recording contrary finding. This will be contrary to Section 263 of the Act - Order under Section 263 must be clear and must set out logical ground and reason as to why the assessment is erroneous and prejudicial to the interest of the Revenue - Decided against the Revenue.
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