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2015 (5) TMI 1111 - ITAT MUMBAIRevision u/s 263 - Claim u/s 80IB(10) - Held that:- We find that the ld. Assessing Officer has made an elaborate discussion of facts by placing reliance upon various decisions of higher authorities. We note that the ld. Assessing Officer has taken one of the possible view, more specifically, when the Tribunal upheld the decision of the ld. Commissioner of Income Tax (Appeals) holding the assessee as a joint developer along with M/s Dhruv Construction. No appeal was filed by the Department against the decision of the Tribunal. Even, no contrary decision has been mentioned more specifically when the assessment was framed, the decision from a higher forum was available before the Assessing Officer. The ld. Assessing Officer has also made discussion about other disallowances in the assessment order along with other details and computation of total income as is evident from page-6 of the assessment order. Assessment order is neither erroneous nor prejudicial to the interest of revenue, therefore, we allow the appeal of the assessee
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