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2010 (1) TMI 887 - AT - Income TaxDeduction under sec. 80-I/80-IB - Assessing Officer on an analysis of the provisions and the facts of the assessee's case arrived at the conclusion that assessee is not entitled for deduction under sec. 80-I rather it is entitled to claim deduction under sec.80-IB of the Act - Assessing Officer is bound to assess the correct income and for this purpose, the Assessing Officer may grant reliefs/refunds suo mote, or can do so on being pointed out by the assessee in the course of assessment proceedings for which assessee has not filed revised return, although, as per law, the assessee is required to file the revised return - Held that:- CIT(A) directed to consider the claim of the assessee at the revised figures on merits and decide the same according to the provisions of sections 80HH and 80-I of the Act after hearing the assessee, lapse on the part of the assessee is in respect of wrong mentioning of section that should not be construed in such a way which deprived an assessee from the legitimate deduction, appeal filed by the revenue is dismissed.
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