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2016 (2) TMI 125 - AT - Income TaxRevision u/s 263 - deduction under section 80IA allowed in an order under section 154 by AO - Held that:- As seen from the order under section 143 passed on 31.12.2009, the then A.O. has given detailed projects, road projects, BOT related projects, irrigation projects and also role of the assessee. Without examining the nature of project or calling for further information about the role of the assessee in executing various projects and further without giving any opportunity to the assessee, we are of the opinion that A.O. had wrongly allowed the claim, that too in an order under section 154. As extracted above, the order is so cursory and nothing can be made out whether A.O. examined all the issues as directed by the ITAT. Since the direction of the ITAT has not been implemented in its correct perspective, we are of the opinion that the Ld. CIT is well within his rights to invoke the jurisdiction under section 263 and set aside the order dated 07.04.2013 with a direction to re-examine and allow accordingly. Since the ITAT directions are not implemented in its correct perspective, we are of the opinion that the Ld. CIT order under section 263 is to be upheld. - Decided against assessee
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