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2015 (11) TMI 748 - AT - Income TaxEligibility of deduction u/s 80-IB(8A) - revision u/s 263 - Held that:- Once the Department of Scientific and Industrial Research which is an expert body exercises power to grant approval for the purpose of the impugned deduction under section 80-IB(8A) read with rules 18D and 18DA of the Income-tax Rules, the Revenue cannot decline the deduction claims arising thereunder on one pretext or the other by simply brushing aside the approvals obtained. More so, when the Revenue's seeking to get the approval cancelled from the Department of Scientific and Industrial Research stands declined. We hold the assessee entitled for section 80- IB(8A) deduction accordingly on merits in both the assessment years. The Commissioner of Income-tax's order dated March 29, 2014 in the assessment year 2008-09 passed under section 263 of the Act stands reversed on merits rendering the assessee's other arguments as to have been rendered infructuous. The Revenue's sole substantive ground in its appeal challenging the Commissioner of Income-tax (Appeals)'s order granting the assessee impugned section 80-IB(8A) deduction fails accordingly. - Decided in favour of assessee.
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