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2012 (5) TMI 211 - HC - Income TaxEntitlement to deductions u/s 80HHA and u/s 80-I – Held that:- Only total value of the plant and machinery of industrial undertaking, which manufactures or produces article should alone be considered – considering the break up details of the each plant and machinery and excluding certain items such as air-conditioners for office, 63 numbers of ceiling fans, value of electrical installations in branches of the company the aggregate value of the plant and machinery relating to industrial undertaking comes less than Rs. 35,00,000 thus liable to claim deduction - in favour of assessee. Withdrawing the deductions u/s 154 by AO – Held that:- Assessing Officer was wrong in rectifying the assessment order under Section 154 in respect of the relief granted earlier under Section 80HHA and 80-I on the reason assigned that the second unit was also functioning in the same - it is not necessary that the new industrial undertaking should be set up in a new premises - no justification for withdrawing the relief granted earlier - there is no patent or glaring mistake on the face of the record regarding the original assessment that warrants rectification under Section 154 – against revenue.
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