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2014 (1) TMI 992 - GUJARAT HIGH COURTValidity of recomputation of deduction u/s 80HHC by applying section 80IA(9) - Held that:- While quashing and setting aside the order passed under section 154 of the Act, the learned ITAT has observed that the view that whether or not deduction under section 80IA should be reduced while computing the deduction under section 80HHC is an issue which was debatable - On a debatable issue when one possible view has been adopted, it cannot be said that there was a mistake apparent from record - While holding so the learned ITAT has not stated anything and/or observed anything as to how such issue was debatable issue and/or which two views were possible - Merely by submitting that issue was debatable, issue would not become debatable - It was required to be demonstrated how the issue was debatable and/or two views were possible out of which one view was accepted by the AO - The issue has been restored to ITAT for reconsideration.
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