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2012 (3) TMI 501 - ITAT BANGALORERevision u/s 263 - computation of deduction u/s 10A - Held that:- We find that the assessee has raised various grounds of appeal before the CIT(A) including the setting off of brought forward losses from the total income before allowing deduction/exemption u/s 10A. The CIT(A) has observed that the assessment order has been set aside by the CIT u/s 263 and, therefore, it has become nonest. We are not able to agree with this finding of the CIT(A), as the order of the AO merges with the order of the CIT u/s 263 only on the issues considered by him in the proceedings u/s 263 of the Income-tax Act and not on the other issues which have not been considered by the CIT. Therefore, the assessee’s appeal against the order of the assessing authority on the issues not considered by the CIT u/s 263 will remain and the CIT(A) has to decide these issues in accordance with law. In view of the same, we set aside the order of the CIT(A) in dismissing the assessee’s appeal as infructuous and remand the issue to his file with a direction to decide the issues raised therein in accordance with law.
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