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2015 (3) TMI 1376 - AT - Income TaxRevision u/s 263 - Deduction u/s 80IB(10) - HELD THAT:- It is not in dispute that the AO had taken into consideration the revised certificate issued by the Pune Municipal Corporation while granting the benefit of deduction under section 80IB(10) of the Act. It cannot be disputed that the view taken by the AO is one of the possible views on the matter. As rightly observed in the case Gabrial India Ltd. [1993 (4) TMI 55 - BOMBAY HIGH COURT] as well as case of Sunbeam Auto Ltd. [2008 (11) TMI 348 - RAJASTHAN HIGH COURT] merely because the Commissioner of Income Tax holds a different opinion on the matter an order passed by the AO cannot be considered as erroneous and prejudicial to the interests of Revenue particularly when it cannot be attributed to lack of enquiry by the AO. We are of the firm view that the learned Commissioner has no jurisdiction to invoke provisions of section 263. - Decided in favour of assessee.
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