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2023 (7) TMI 330 - AT - Income TaxDeduction u/s 80IA - CIT(A) justification allowing more deduction in the set aside proceedings than that was claimed by the assessee in its original return of income as assessed u/s 143(3) - HELD THAT:-There was no restriction to the CIT(A) to restrict the deduction to the extent it was originally claimed in the return of income. CIT(A) was justified to examine all the details furnished by the assessee to determine the eligible claim of deduction to the assessee. As in the cases of Ahmedabad Electricity Company Ltd and Godavari Sugar Mills Ltd.[1992 (4) TMI 29 - BOMBAY HIGH COURT] has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal, the appellate authority can consider the proceedings before it and the material on record before it for the purpose of determining the correct tax liability of the assessee. They can consider the entire proceedings to determine the tax liability of the assessee. No infirmity in the order of the CIT(A) in considering the claim of the assessee for deduction u/s 80IA in the set aside proceedings, even if the same was more than the originally claimed in the return of income. Computation of deduction - We find force in the contention of the ld. DR that as per the provisions of section 80A(2) of the Act, the claim of deduction under Chapter VIA shall not in any case exceed the gross total income of the assessee. As directed that the claim of deduction u/s 80IA will be allowed to the assessee to the extent of gross total income of the assessee and the assessee will not be entitled to any claim of carry forward of loss resulting from the allowance of claim of deduction u/s 80IA of the Act by the CIT(A) more than the originally claimed. With the above observation, the appeal of the assessee is treated as partly allowed.
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