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2020 (11) TMI 16 - GUJARAT HIGH COURTRevision u/s 263 - Commissioner took the view that AO had failed to follow the principle of carry forward and a set off as brought out in Section 10A - HELD THAT:- Deduction u/s 10A has to be allowed before set off of unabsorbed loss and depreciation of non-eligible business unit of assessee. We find no justification in such order passed by the PCIT who has not taken into consideration this particular aspect of the matter though the same was brought to his notice by the assessee . We find no justification in the order impugned before us which has re-opened the issue u/s 263 of the Act whereas, we find that the order passed by the Learned A0 is just and proper - There is nothing erroneous found in the order of the Learned AO, neither it is prejudicial to the instant of the Revenue. None of the conditions is being fulfilled by the order passed by the Learned PCIT in order to invoke the provision of section 263 - Decided against revenue.
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