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2012 (11) TMI 132 - AT - Income TaxDeduction u/s. 10A of the Income Tax Act - 100% EOU – application against the order of rectification of mistake u/s 154 passed by CIT(A) - Held that:- Whether the assessee is eligible for deduction u/s. 10A involves examination of facts, business activity carried on and the relevant provisions of the Act. It is a matter which requires a long drawn out process of reasoning or examining arguments on points where there may conceivably be two opinions or views - issue as to whether the assessee is involved in exports and is eligible for deduction u/s. 10A of the Act cannot be considered as 'mistake apparent from records' within the meaning of section 154 - CIT(A) was not correct in unilaterally denying the assessee deduction u/s. 10A in the 'Order on miscellaneous petition' and pursuant to the rectification application filed by the Assessing Officer u/s. 154 of the Act - no opportunity of hearing was provided to the assessee before passing the order on the miscellaneous petition - assessee should, in the interest of natural justice, have been allowed reasonable opportunity of being heard before concluding so and before passing the order on the miscellaneous petition - order passed on the miscellaneous petition by the CIT(A) is bad in law and liable to be quashed
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