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2018 (10) TMI 1693 - AT - Income TaxDeduction u/s 80IA - fresh claim made before AO in the course of assessment proceedings - mark to mark loss provisions written back, loss on cancellation of forward contracts incurred during the financial year 2011-12 and deduction U/s.80IA by giving due weightage to the statutory form No.10CCB filed during the course of assessment proceedings - HELD THAT:- CIT(A) granted relief to the assessee by directing the Ld.AO to admit the fresh claim made before the AO during the course of assessment proceedings by relying in the very same decision rendered in the case Goetze India Ltd vs. CIT [2006 (3) TMI 75 - SUPREME COURT] and CIT Vs. Abhinitha Foundation (P) Ltd., [2017 (6) TMI 604 - MADRAS HIGH COURT] we find merit in the order of the Ld.CIT(A), who has rightly relied in the decision of the higher and apex judiciaries. As in the case National Thermal Power Company Ltd., vs. CIT [1996 (12) TMI 7 - SUPREME COURT] has categorically held that the Tribunal has jurisdiction to decide on the question of law arising from the facts found by the Income Tax Authorities having bearing on the tax liability of the assessee - direct AO to admit the fresh claim made by the assessee in the course of assessment proceedings and adjudicate the same in accordance with law and merit after affording enough opportunity of being heard. Accordingly we hereby hold that the appeal of the Revenue is devoid of merits.
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