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2018 (12) TMI 810 - AT - Income TaxRevision u/s 263 - deduction u/s 80IA(4)(i)denied - whether the AO has examined the relevant facts during the assessment proceedings u/s 143(3)Held that:- As decided in the case of CIT v. Sunbeam Auto Ltd. [2009 (9) TMI 633 - DELHI HIGH COURT] if there is some inquiry by the AO in the original proceedings even if inadequate that cannot clothe the Commissioner with jurisdiction under Section 263 of the Act merely because he can form another opinion. It was emphasized here that the notice and questionnaire given to the assessee which were duly replied, were evidence of full and due inquiry about this expenditure We hold that the order of the AO cannot be held erroneous in so far prejudicial to the interest of the revenue merely on the ground that the AO has not verified/examine the facts properly during the assessment proceedings. It is noticed that the necessary verification was duly carried out by the AO during the assessment proceedings as discussed above. The assessee before us has filed a letter from the Govt. of Andhra Pradesh dated 06-06-2018 clarifying the agreement between Netafim ACS & India Ltd. as discussed above. It is a fact that this clarification by way of letter was not available at the time of original assessment proceedings u/s 143(3) of the Act. The clarification being additional document filed by the ld. Counsel for the assessee needs to be examined/verified by the AO in order to establish the veracity of the same. Therefore, we are restoring back the issue to the file of the AO for the limited purpose of carrying out the verification/ examination of the letter filed by the assessee written by the State Govt. of Andhra Pradesh and adjudicate the issue afresh in accordance to the provisions of law. - Decided in favour of assessee for statistical purposes.
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