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2021 (11) TMI 351 - HC - Income TaxDeduction u/s 80IB[10] - denying the deduction u/s 80IB[10] on the ground that the assessee had withdrawn the claim of deduction under Section 80IB[10] vide its letter dated 29.12.2008 - HELD THAT:- Denial of the claim on hyper technicalities would cause injustice to the assessee. Further, the submission of the learned senior counsel that the scrutiny assessment order made under Section 143[3] relating to the same project for the assessment year 2007-08, where deduction under Section 80IB[10] of the Act has been extended by the Assessing Officer and the same has been reached finality also merits consideration - we are of the considered view that the entire exercise made by the Authorities in denying the deduction under Section 80IB[10] is based on the revision return said to have been filed by the assessee withdrawing the claim of deduction under 80IB but the document now placed before the Court said to be the revised return dated 24.12.2008, would indicate that the deductions under Chapter VI-A [Schedule 10] were claimed by the assessee. The proceedings of the Authorities and the Tribunal warrants interference so as to ascertain the genuineness of this return said to have been filed by the assessee, in the light of Section 80AC of the Act. Hence, without expressing any opinion on the substantial questions of law raised by the assessee, we deem it appropriate to restore the matter to the file of the Assessing Officer to re-examine the matter on the deduction claimed by the assessee under Section 80IB[10] with respect to return dated 24.12.2008 vis-à-vis Section 80AC of the Act and the settled legal principles holding the field on the subject matter of Section 80IB[10] of the Act.
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