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2022 (5) TMI 951 - ITAT KOLKATARevision u/s 263 - As per CIT deduction claimed by the assessee u/s. 80IC has been wrongly allowed by AO - HELD THAT:- CIT has not rebutted the facts as stated by the assessee in its submissions 22.03.2021 in reply to show cause notice u/s. 263 of the Act. In the aforesaid reply the assessee has clearly explained the nature of enquiries made by the AO before concluding the assessment on all the aspects that are set out in the show cause notice u/s. 263. Suffice it to say the AO had made due enquiries and applied his mind on all the aspects that are set out in the above show cause notice. We also find that the issue is covered in favour of the assessee by its own case for the AY 2013-14 [2019 (11) TMI 798 - ITAT KOLKATA] As decided in own case we are of the considered opinion that while passing the assessment order allowing the deduction u/s 80IC in respect of items of other income and export incentives, the AO did not follow a view which can be said to be ‘unsustainable in law’. In the circumstances therefore, the jurisdictional facts for usurping the jurisdiction, being absent, we hold that the action of Ld. Pr. CIT was without jurisdiction and all subsequent actions are 'null' in the eyes of law. In the appeal before us and in the decision of the coordinate bench of ITAT, Kolkata in assessee’s own case (supra), the issue of revisionary proceedings u/s. 263 of the Act is challenged on account of excess deduction claimed u/s. 80IC of the Act in relation to items of other income and export incentives. Each item of other income and export incentives has been elaborately dealt in the decision of the coordinate bench in assessee’s own case (supra). We note that this issue is covered in favour of the assessee by the decision cited supra and the Ld. DR could not point out any change in facts or law which would have warranted any interference on our part to take a view divergent from that taken by the coordinate bench of ITAT, Kolkata in the case of assessee itself. Accordingly, we set aside/quash the order of the ld. Pr. CIT restoring the assessment order passed u/s. 143(3) - Decided in favour of assessee.
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