Agasthiya Granite P. Ltd. v. ACIT (2018) 403 ITR 279 (Mad) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue- Exclusion of the deduction allowed u/s 80IB while quantifying the deduction u/s 80HHC – Two views possible – Revision was held to be not valid . [ S.80HH ]

Allowing the appeal of the assessee the Court held that ;the view taken by the Assessing Officer was clearly supported by decisions of the Madhya Pradesh and Bombay High Courts. The view taken by the Assessing Officer was a plausible view. If it resulted in loss of revenue, it could not be treated as prejudicial to the interests of the Revenue for the purpose of invoking the power under S.263 of the Act. Moreover, the fact that two views existed was evident from the order of reference passed by the Full Bench.