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2017 (12) TMI 1420 - HC - Income TaxEligibility for deduction u/s 80P(2)(a)(i) and 80P(2)(c)(ii) - Tribunal allowed claim - Held that:- CIT(Appeals) has simply referred to the order of the Assessing Officer and to the decision of this Court in Quepem Urban [2015 (6) TMI 573 - BOMBAY HIGH COURT]. There is no scrutiny on facts, which was necessary since the CIT was reversing the decision of the Assessing Officer denying the benefit to the Respondent/ Assessee. When the Revenue filed an appeal to the Tribunal challenging a decision adverse to them, the Tribunal was expected to scrutinize the decision of the CIT(Appeals). Here again, we find that the Tribunal has not done so. In paragraph 4 the Tribunal has simply reproduced the decision of the CIT(Appeals)and thereafter referred to the decision of this Court in case of Quepem Urban and has dismissed the Appeal. Thus the inquiry into the factual position, which the learned Counsel for the parties agree is necessary before the legal principle is to be considered, is not done by the CIT(Appeals) as well as the Tribunal. Therefore, before we consider what is the effect of the admission of the Special Leave Petition against the decision of this Court in Quepem Urban and the legal position enumerating from Quepem Urban, the factual foundation must be established as regards the nature of the business of the Respondent. Thus the appropriate course of action would be to set aside the order passed by the CIT(Appeals) and the Tribunal and to direct the CIT(Appeals) to consider the appeal filed by the Respondent against the order passed by the Assessing Officer dated 31 December 2014.
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