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2021 (4) TMI 1205

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..... 10B has been allowed without excluding other incomes. The assessee placed on record the copy of the assessment order dated 30.12.2011 passed under Section 143(3) read with Section 147 wherein AO has categorically stated that the assessee has not claimed deduction under Section 10B. Therefore, the finding of the Commissioner of Income Tax that the assessee has claimed deduction under Section 10B i .....

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..... to the interest of the Revenue. No error or irregularity in the order passed by the Tribunal. - Decided in favour of assessee. - T.C.A.No.391 of 2014 - - - Dated:- 19-3-2021 - THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI For Appellant: Mr.M.Swaminathan, Senior Standing Counsel For Respondent: Mr.R.Sivaraman JUDGMENT M. DURA .....

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..... of the expenditure claimed in the profit and loss account, balance sheet items and details of the annexure which were not examined by the Assessing Officer which could be termed as prejudicial to the interest of the Revenue and erroneous order? 3.On a careful consideration of the materials available on record and the submissions made by Mr.M.Swaminathan, learned senior standing counsel appear .....

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..... Balance Sheet items and details of annexure were not examined at the time of assessment. The Tribunal, while setting aside the order of Commissioner of Income Tax, held that the Commissioner of Income Tax cannot direct the Assessing Officer to conduct roving enquiry without any specific directions with regard to specific expenditure or income claimed or suppressed by the assessee. Further, the Tr .....

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