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2012 (12) TMI 496 - HC - Income TaxDeduction u/s 80IA - rectification of mistake u/s 154 - whether the assessing officer was justified in thrusting depreciation upon the assessee while computing deduction under Section 80IA - held that:- on the date on which jurisdiction under Section 154 of the Act was invoked, the issue was covered in favour of the assessee and in any event the issue was debatable. In such a case, no fault can be found with the decision of the Tribunal in holding that the assessing officer was not justified in invoking jurisdiction under Section 154 of the Act. Once it is held that the assessing officer was not justified in invoking jurisdiction under Section 154 of the Act, then we do not consider it necessary to go into the merits of the case. - Decided in favor of assessee.
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