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2014 (7) TMI 910 - HC - Income TaxAdmission of appeal – AO was of the view that no business activity carried – Telecommunication service – Held that:- The Tribunal was of the view that the assessee did not start providing telecommunication services in the period relevant to the AY 1996-97 - whether or not the assessee started providing telecommunication services in any year, has to be decided in the assessment proceedings for that year in the light of the relevant facts and circumstances obtaining in that assessment year alone – Relying upon New Jehangir Vakil Mills Co. Ltd. Versus Commissioner of Income-tax [1963 (4) TMI 60 - SUPREME COURT] - Tribunal was rightly of the view that the AO materially erred in reopening the issue – there was no reason to interfere with the order of the Tribunal - The appeal is admitted on the remaining two issues as to entitlement of deduction u/s 80IA and allowability of expenses as license fees u/s 37(1) – Decided partly in favour of Revenue.
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