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2018 (8) TMI 267 - ITAT NAGPURRevision u/s 263 - deduction u/s. 80IB(11C) - Commissioner of Income Tax in this case has directed the AO to ascertain whether the referral income, income from running a nursing college, interest, rental income from medical store are to be allowed as deduction u/s.80IB(11C) - Held that:- We note that u/s. 80IB(11C) of the Act, the deduction will be available in case of an undertaking which derives profits from business of operating and maintaining the hospital located anywhere in India. Now it is undisputed that the assessee is in the business of operating and maintaining the hospital. In this regard, we note that in the preceding assessment year, i.e., for assessment year 2011-12, under a scrutiny assessment u/s. 143(3), for all the above mentioned items of income noted, the assessee was granted deduction u/s. 80IB(11C). There is no mention anywhere that there is any change in the facts and circumstances of the case from that prevailing in the previous assessment year. In this regard, we note that the present assessment year 2012-13, is not the initial year for grant of deduction u/s. 80IB(11C). It is the settled proposition of law that this deduction cannot be disturbed if the initial year for scrutiny of said deduction is not disturbed. In this view of the matter, in our considered opinion, the Commissioner of Income Tax assumes jurisdiction u/s. 263, is not at all sustainable in law. - Decided in favour of assessee.
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