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2015 (4) TMI 105 - HC - Income TaxRevision u/s 263 - disallowance if the deduction under section 80IB(10) - The Tribunal has concluded that the assessee had offered an explanation that the plan was approved by the Pune Municipal Corporation on the condition of making available an approach road - Held that:- In the circumstances and with this stand that the assessee was supported by the Tribunal's order, then, we do not see as to how the Commissioner could have exercised powers under section 263 of the I.T. Act. It was not open to the Commissioner then to have taken into consideration the same documents and to arrive at a different conclusion. The Tribunal has explained in the impugned order that as to how the issue raised before the Commissioner and prior thereto before the assessing officer is debatable. If there was a view on the issue taken by the Tribunal itself, then, the Commissioner cannot invoke powers under section 263 of the I.T. Act only to record a different view. Thus such finding of the Tribunal and being consistent is not required to be gone into under section 260A of the I.T. Act as it is clear that the orders of the assessing officer and the Commissioner, do not raise any substantial question of law. The Tribunal has applied its mind to the entire issue and found that the assessee had placed necessary and requisite material before the assessing officer. The assessing officer took a view on the basis of these material and that view cannot be questioned in an exercise under section 263 of the I.T. Act only because the Commissioner does not agree with the same. We are of the opinion that neither is there any perversity in the order of the Tribunal on this issue nor its conclusion can said to be vitiated by any error of law apparent on the face of the record - Decided in favour of assessee.
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