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2023 (2) TMI 176 - TELANGANA HIGH COURTRevision u/s 264 - denial of benefit to the petitioner u/s 89 - HELD THAT:- It is true that the revision application filed by the petitioner against the assessment order was rejected by the 1st respondent both on the point of delay as well as on merit but the fact remains that the core issue raised by the petitioner is now well settled and accepted by the Department itself. Submission of Mr. Prasad that the assessment order has become final cannot be accepted in as much as on filing of the writ petition and admission thereof, the assessment order became subject to outcome of the writ petition. In view of the decision of the CBDT as well as of this Court in M.V. Chinna Rao [2006 (10) TMI 519 - TELANGANA HIGH COURT] we have no hesitation in holding that petitioner is also entitled to the benefit of Section 89 - Consequently, the orde passed by the 1st respondent as well as the assessment order passed by the 2nd respondent to the extent of denial of benefit to the petitioner under Section 89 of the Act are hereby set aside and quashed.
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