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Claim of deduction u/s 80IB cannot be withdrawn in proceedings u/s 154
Case Law Details
- Case Name
- Vinod Kumar Surana Vs I.T.O Ward 56(2) (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2004-05
- Courts
- All ITAT, ITAT Kolkata
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CA Kanhaiya Kumar Agarwal
Brief of the Case
In the case Vinod Kumar Surana Vs. ITO the Hon’ble Kolkata ITAT held that the fact of withdrawal of deduction u/ 80IB of the Act in the subsequent years when the same were duly granted by the ld. AO in the initial assessment years per se becomes a debatable issue and hence same cannot be dealt in the proceedings u/s 154 of the Act as the same cannot be construed as a patent, glaring, obvious mistake apparent from record.
Facts of the Case
The Assessee is a proprietor of M/s. Modern Industries having a small manufacturing unit at Yanam which is regi...
