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2021 (7) TMI 684 - AT - Income TaxRevision u/s 263 - AO not examined total claim u/s 80IC - HELD THAT:- There is nothing on the record to say that this component for the claim u/s 80IC which is the subject matter of revision is examined or enquired into by the Assessing Officer and took a plausible view, even if one infers that the Assessing Officer took a view, it can be said that mere taking of view of by the Assessing Officer without having subjected the claim to examination would not make a view of the AO. In the present case, the subject matter of the appeal before ld.CIT(A) is only in relation to claim for deduction u/s 80IC in respect of profits earned on inter-unit sales and not in respect of profits earned on the sales made to vendors directly from Parwanoo unit. Therefore, this issue was neither considered and decided by the ld.CIT(A) nor subject matter of appeal before ld.CIT(Appeals). Thus, the doctrine of merger have no application to the facts of the present case in view of the plain provisions of Clause (c) of Explanation 2 of sub-section (1) of 263 of the I.T. Act. In the light of the above legal position discussed on the facts of the present case, we are of the considered opinion that the ld.PCIT was justified in exercising the jurisdiction u/s 263 of the I.T. Act and we do not find any merit in the grounds of the appeal filed by the assessee.
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