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2017 (8) TMI 195 - HC - Income TaxRevision u/s 263 - applicability of Section 35D - Held that:- Assessing Officer sought clarification from the assessee about the correctness of the amount of one-fifth of the total expenses incurred under Section 35D of the Act. The assessee under letter dated 26.10.2004 gave specific explanation on the issue raised by the AO and thereafter, the assessment order was passed. To substantiate his claim, the assessee has placed reliance upon Malabar Industrial Co. Ltd. (2000 (2) TMI 10 - SUPREME Court). The possible view, it appears, was taken by the Assessing Officer. The Tribunal on the said count has held that the revisional jurisdiction ought not to have been exercised by the CIT(A). Only because the Commissioner thought that other view is a better view, would not enable Commissioner of Income Tax to exercise power under Section 263 of the Act. It would not be a reopening of assessment or reassessment. We are not inclined to entertain the present appeal. It is made clear that we have not given any finding in regard to the applicability of Section 35D vis-a-vis the assessee so also have not considered the observations of the Tribunal with regard to exercise of revisional powers only on his own accord and not an application by the Assessing Officer. - Decided against revenue.
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