9911796707
TMI Blog2024 (1) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... e completing the assessment has not examined the conditions stipulated in section 80IB(11A) as the assessee is having business of processing, observation and packaging of fruits and vegetables and whether he is eligible for the same deduction or not? - HELD THAT:- It is pertinent to note that in the questionnaire asked by the AO, he has totally overlooked that the assessee is not eligible for deduction u/s. 80IB(11). Thus, AO has committed error which amounts to erroneous assessment order without looking into the proper/correct section that of section 80IB(11A) of the Act under which the assessee should have opted for deduction. Thus, this amounts to erroneous order as well as prejudicial to the interest of Revenue. The contention of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter referred as to the PCIT ] is bad in law, Invalid and requires to be quashed, the same may kindly be quashed. N.A. As appeal is against the validity of revisional jurisdiction of Pr. CIT. 3 The learned Pr. CIT erred on facts as also in law in alleging that the order u/s. 143(3) As appeal is against the of the Income-tax Act, 1961 (hereinafter validity of revisional referred as to the Act ] is erroneous and prejudicial to the interest of revenue as the AO had not made proper inquiry verification in respect of allowability of deduction claimed u/s. 80IB(11A) of the Act and thereby setting aside the order passed u/s.143(3) of the Act dated 10.12.2019. The order u/s 263 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is having business of processing, observation and packaging of fruits and vegetables and whether he is eligible for the same deduction or not. The Pr. CIT issued show cause notice on 09- 07-2021 u/s. 263 of the Act. After taking cognizance of the assessee s reply/submissions, the Pr. CIT directed the Assessing Officer to complete the assessment after due inquiry and verification and quashed the earlier assessment order. 4. Being aggrieved by the order u/s. 263 of the Act passed by the PCIT, the assessee is before us. 5. The ld. A.R. submitted that though the assessee is eligible for deduction u/s. 80IB(11A) of the Act, the assessee claimed deduction u/s. 80IB(11) of the Act. The ld. A.R. submitted that the same comes under the purview ..... X X X X Extracts X X X X X X X X Extracts X X X X
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