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2016 (4) TMI 818 - AT - Income TaxDisallowance of deduction under sec. 10B - Held that:- Departmental Representative could not point out any specific mistake in the order of the Commissioner of Income Tax (Appeals). Further, no material was brought on record by the Revenue to controvert the finding of the Commissioner of Income Tax (Appeals) that deduction under sec. 10B was all along allowed to the assessee since Assessment Year 2006-07 in an assessment completed under sec. 143(3) of the Act. We are alive to the fact that in income tax assessment, principles of res-judicata are not applicable, but in the income tax proceedings consistency maintained on any issue, which has been decided and the decision should not be altered without there being change in the facts requiring it to do so. Hence, we find no infirmity in the order of the Commissioner of Income Tax (Appeals), which is confirmed and the ground of appeal of the Revenue is dismissed. - Decided in favour of assessee Whether the assessee did not fulfill the conditions laid down in the provisions of sec. 10B(2)(i) & 10B(3) of the Act? - Held that:- Commissioner of Income Tax (Appeals) after considering the submissions of the assessee as well as remand report received from the Assessing Officer under sec. 250(4) of the Act wherein the Assessing Officer verified the date of receipts and opined that the sale proceeds of the computer software has been brought by the assessee within the extended period of 12 months by the Reserve Bank of India and hence, is includible in the deduction allowable under sec. 10B of the Act, allowed the appeal of the assessee. No error could be pointed out in the finding of the Commissioner of Income Tax (Appeals) by the Departmental Representative - Decided in favour of assessee
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