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2010 (1) TMI 934 - AT - Income TaxDeduction u/s 80HHC without reducing the deduction u/s 80IB - assessee had submitted all the details regarding its claim of deduction u/s 80HHC and 80IA - CIT(Appeals) directed the AO to compute deductions u/s 80HHC and 80IA separately on stand alone basis - Held that:- CIT(A) erred in directing the AO to allow deduction u/s 80HHC without reducing the deduction u/s 80IB of the IT Act & directing the AO to compute deductions u/s 80HHC and 80IA separately on stand alone basis. Present appeal is squarely covered in favour of Revenue by the decision of ACIT vs. Hindustan Mint and Agro Products Pvt. Ltd. [2009 (6) TMI 124 - ITAT DELHI-C] Validity of re-assessment proceedings u/s 147 - Held that:- Once the AO passed the assessment order u/s 143(3) it is deemed that the AO has already applied his mind and after forming the opinion the claim of the assessee is allowed. It cannot be said that the AO has not applied his mind. Reopening of assessment u/s 147 merely because there is a change of opinion cannot be allowed, revenue are dismissed.
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