Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2013 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (8) TMI 365 - ITAT KOLKATANotice u/s 148 - Deduction allowed u/s 80IA and 80HHC - CIT quashed notice holding that no new material found - Held that:- All details were available before the Assessing Officer at the time of original assessment proceedings and assessee has filed these details along with return of income and AO has allowed the claim of the assessee after examining all these documents and passed a speaking order - AO has not pointed out any specific defect or omission on the part of the assessee - AO in original assessment allowed the claim of the assessee for deduction u/s.80HHD and 80-IA of the Act after examining the relevant details and even the computation made by AO in respect of the claim of these deductions are as per the provisions of Chapter-VI referred to now by the AO were very much available at the time of original assessment also - AO could not bring any new material which was not disclosed earlier nor there was an error in the computation of income filed along with the return of income - Following decision of CIT Vs. Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT OF INDIA] - Decided against Revenue.
|