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2023 (2) TMI 205 - AT - Income TaxDeduction of 80P on account depreciation (Protective) - HELD THAT:- After a careful consideration, we are unable to verify certain facts relevant to the issue being agitated, viz. (i) whether and to what extent the buildings/godowns are being used for the activities eligible for 80P deduction or other activities as being claimed before us; and (ii) the treatment given by assessee and accepted by revenue-authorities in the preceding and subsequent assessment-years on this issue. Hence, we think it appropriate to remand this issue back to the file of Ld. AO who shall first verify these aspectsand thereafter take a call on the issue in the light of legal provisions of Income-tax Act, 1961 and the judicial rulings, if any, thereon. That would enable to resolve the assessee’s grievance aptly. Needless to mention that the Ld. AO shall give adequate opportunities to the assessee to explain his case. This appeal of assessee is allowed for statistical purpose.
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