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2023 (2) TMI 751 - AT - Income TaxRevision u/s 263 by CIT - deduction us 80P(2) - HELD THAT:- This tribunal in the case of Sardar patel Co-operative Credit Society (2022 (6) TMI 843 - ITAT AHMEDABAD] involving the identical facts and circumstances has decided the issue in favour of the assessee. No material has been placed on record by the Revenue to demonstrate that the decision of Tribunal as discussed above has been set aside/stayed or overruled by the higher Judicial Authorities. Before us, Revenue has not placed any material on record to point out any distinguishing feature in the facts of the case for the year under consideration and that of case referred above nor has placed any contrary binding decision in its support. Thus, we hold that the order framed under section 263 of the Act is unsustainable. Hence, the ground of appeal of the assessee is allowed.
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