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2014 (12) TMI 975 - MADRAS HIGH COURTGrant of deduction u/s 80IC – Whether assessee had failed to make a claim for the same in its return of income nor filed revised return of income – Held that:- The Tribunal was rightly of the view that the Revenue has not disputed the finding of the CIT(A) that the assessee was eligible for deduction u/s 80IC of the Act - No material was brought to show that the assessee was not eligible for deduction u/s 80IC - the assessee has filed a petition u/s 154 of the Act at the earliest point of time seeking revision of intimation u/s 143(1) of the Act and the matter was pursued by the assessee diligently even before the CIT(A) - when an appeal is a continuation of the original assessment proceedings, the Tribunal was justified in relying upon RAMLAL, MOTILAL AND CHHOTELAL Versus REWA COALFIELDS LTD.[1961 (5) TMI 54 - SUPREME COURT] - wherein it is held that the State authorities should not raise technical pleas if the citizens have a lawful right - the authorities under the Act are required to ensure that only legitimate taxes due are assessed and collected – Tribunal rightly upheld the findings of the CIT(A) that the assessee is eligible for deduction u/s 80IC – thus, the order of the Tribunal is upheld – Decided against revenue.
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