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2017 (4) TMI 45 - AT - Income TaxRevision u/s 263 - whether deduction claimed under section 10A could be curtailed? - Held that:- The onus is upon the department to prove that there existed an arrangement between the assessee and its Associated Enterprises to earn more than ordinary profits and in the absence of the said onus having been discharged by the department and following the parity of reasoning as in Honeywell Turbo Technologies (India) Pvt. Ltd. Vs. DCIT [2017 (3) TMI 1533 - ITAT PUNE] and Tata Johnson Controls Automotive Limited Vs. DCIT [2016 (4) TMI 963 - ITAT PUNE], we find no merit in the order of the Commissioner passed under section 263 of the Act in holding that the Assessing Officer while granting deduction under section 10A of the Act has passed the said order without any application of mind. Where the Assessing Officer in his order considered the claim of assessee under section 10A of the Act and allowed the same, merely because the Commissioner is not agreeable to the view adopted by the Assessing Officer, the exercise of jurisdiction under section 263 by the Commissioner cannot be upheld. - Decided in favour of assessee
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