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2014 (2) TMI 1295 - AT - Income TaxRevision u/s 263 - Entitlement for claim of deduction u/s 80P - no elaborate discussion in this regard made by AO - Held that:- The circumstances explained by the assessee as well as the order-sheet entry recorded by the Assessing Officer on 19.09.2008 clearly reflects that claim of the assessee for deduction u/s 80P of the Act was very much before the Assessing Officer even before he picked-up the return of income of the assessee for a scrutiny assessment under section 143(3) of the Act. Therefore, the anomaly in the depiction of the claim of deduction under section 80P of the Act on account of a software glitch, as explained by the assessee, is not only plausible but appears to be borne out of record. Having regard to the aforesaid position emerging on a perusal of the assessment records maintained by the Department, we are unable to uphold the assertion of the Commissioner to the effect that the Assessing Officer entertained and allowed the deduction u/s 80P of the Act in the absence of any such claim in the return of income filed by the assessee. The second point made by the Commissioner that the Assessing Officer did not make any enquiries with regard to entitlement of assessee to the deduction u/s 80P of the Act is also, in our view, not justified having regard to the material on record. In this context, A.Y. 2007-08 we find that in the course of assessment proceedings, assessee gave details of the incomes earned as also the claim of deduction u/s 80P(2)(d) of the Act in its communication which is on record. Evidently, the claim of the assessee was allowed by the Assessing Officer after being satisfied with the explanation of the assessee, though the discussion in the assessment order is quite brief on the aspect. So however, the decision of the Assessing Officer cannot be held to be erroneous simply because in the assessment order he has not made an elaborate discussion in this regard in terms of the parity of reasoning laid down by the Hon'ble Bombay High Court in the case of CIT vs. Gabriel India Ltd.(1993 (4) TMI 55 - BOMBAY High Court) - Decided in favour of assessee
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