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Deduction u/s 80IB - Whether Ld.CIT(A) can re-estimate average ...


Court Rules on Profit Re-Estimation for Tax Deduction; Limits on Section 80IA Powers Affecting Section 80IB Benefits.

December 7, 2020

Case Laws     Income Tax     AT

Deduction u/s 80IB - Whether Ld.CIT(A) can re-estimate average profit @ 38.40%? - The powers given to assessing officer under sub-section 8 of section 80IA or 80IA(10) should not be used to restrict the benefit given to assessee under section 80IB(10) of the Act, as schemes of these sections are different. We also note that the Assessing Officer has estimated the assessee’s average profit @16.02%. On appeal, Ld.CIT(A) reestimated the assessee’s average profit @38.40% and computed the eligible amount of deduction u/s.80IB(10) of the Act, without rejecting books of accounts. - AT

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