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2020 (4) TMI 546 - HC - Income TaxDeduction u/s 10-A read with Section 80IA(10) - ITAT allowed the deduction - Non-consideration of the evidence and the perversity in considering the other evidences led in by the revenue by Tribunal - appeal was partly allowed by holding that the assessee is entitled to an extent of 80% - HELD THAT:- It is not a case wherein a single piece of evidence or material is placed for consideration as additional document before the Tribunal. Substantial material have been produced before the Tribunal by the revenue and the assessee. On going through the entire material, in our considered view, it is not proper for the Tribunal to consider the entire material. When huge and voluminous material is produced by the other side, it is only the Original Authority would have to decide the issue at the first instance. It is not proper for the Tribunal to indulge in such an exercise. It is appropriate to remand the matter to the Assessing Officer for a fresh consideration. Matters stand remanded to the Assessing Officer for a fresh consideration in accordance with law. The Assessing Officer shall consider all the material that is already on record. None of the findings as recorded by the Tribunal will come in the way of the Assessing Officer to decide the matter. The substantial question of laws are accordingly answered.
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