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Issues Involved:
1. Eligibility for Deduction u/s 80-O. 2. Application of Mind by the Assessing Officer. 3. Validity of Proceedings u/s 263. Summary: 1. Eligibility for Deduction u/s 80-O: The assessee, engaged in integrated air and ground transportation, claimed deductions u/s 80-O for the assessment years 1994-95 and 1995-96. The CIT scrutinized the records and found that the Assessing Officer (AO) had allowed the deduction without verifying whether the services rendered were technical or professional services to a foreign enterprise outside India. The CIT concluded that the services were mutual and not unilateral, thus not qualifying for deduction u/s 80-O. The CIT directed the AO to re-examine the eligibility for deduction u/s 80-O. 2. Application of Mind by the Assessing Officer: The assessee argued that the AO had applied his mind while allowing the deduction u/s 80-O, as the claim was examined by three different AOs over the years. Detailed submissions, agreements, and notes on eligibility were provided during the assessment proceedings. The AO considered these materials and allowed the deduction after due deliberation. The Tribunal found that the AO had indeed applied his mind and the assessments were made with full consideration of the facts and law. 3. Validity of Proceedings u/s 263: The CIT invoked section 263, stating non-application of mind by the AO. The Tribunal held that the AO had duly examined the claim, and the CIT's order was based on a different interpretation of the same facts. The Tribunal emphasized that section 263 does not permit substitution of the CIT's opinion for that of the AO unless the order is erroneous and prejudicial to the revenue. The Tribunal quashed the CIT's order, stating that the conditions for invoking section 263 were not met. Conclusion: The Tribunal concluded that the AO had applied his mind and the assessments were not erroneous. The CIT's invocation of section 263 was not justified, and the order was quashed. The appeals were allowed.
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