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2011 (5) TMI 685 - AT - Income TaxReopening of assessment under section 263 of the Act - doctrine of merger - whether turnover and profit of separate and distinct business carried on by the assessee are liable to be clubbed to form the total turnover and profits of the business for calculating the deduction under section 80HHC of the Act and restricting the claim under section 80HHC of the Act - assessee made claim under section 80HHC, books of the export division are separately maintained which contain complete details of exports, turnover, realization and export profits - CIT(A) apart from being appellate authority has co-terminous powers of AO and has powers of enhancement of assessment - order of AO on the issue of calculation of deduction under section 80HHC having got merged into CIT(A)'s order the, statutory bar contained in Explanation to section 263(1) comes into play - proceedings under section 263 have not been validly invoked and the revision action is quashed - assessee's appeal is allowed
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