The Tax Publishers2021 TaxPub(DT) 0571 (Karn-HC) : (2021) 431 ITR 0401

INCOME TAX ACT, 1961

Section 263

Since the issue with regard to eligibility of the assessee for deduction under section 10A for assessment year 2008-09 beyond a period of 10 consecutive years was not subject-matter of order of assessment itself, therefore, the same could not have been the subject-matter of the appeal before the Commissioner (Appeals) and thus, in the fact situation of the case, there was no bar in invoking the powers under section 263.

Revision under section 263 - Validity - No plausible view taken by AO -

Assessee filed appeal against the order of CIT(A) passed under section 263, wherein inter alia it was held that assessee was not eligible to claim deduction under section 10A for assessment year 2008-09 on the ground that the assessee's tax holiday period expired prior to assessment year 2008-09. Held: The view taken by AO cannot be said to be a plausible view as no reason was assigned by the AO for holding the assessee eligible for benefit of deduction under section 10A. Since the issue with regard to eligibility of the assessee for deduction under section 10A for assessment year 2008-09 beyond a period of 10 consecutive years was not subject-matter of order of assessment itself. Therefore, the same could not have been the subject-matter of the appeal before the CIT(A) and thus, in the fact situation of the case, there was no bar in invoking the powers under section 263.

REFERRED :

FAVOUR : Against the assessee

A.Y. : 2008-09


INCOME TAX ACT, 1961

Section 263

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com