Held that the Assessing Officer had raised a specific query with regard to the deduction claimed under section 80IA of the Act and the assessee had furnished the required details before the Assessing Officer. The assessee had furnished the audit report in form 10CCB before the Assessing Officer, which was the mandatory requirement under section 80IA(7) of the Act. The Assessing Officer had allowed the claim of the assessee after calling for necessary details, meaning thereby, he had allowed the claim of the assessee after due application of his mind. The view taken by him was a possible view on this issue. Revision is held to be not justified (AY.2017-18)
Asian Star Co. Ltd. v. PCIT (2022) 98 ITR 56 (SN) (Mum)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Industrial undertaking-Generation of power-Windmill Assessing Officer applied his mind-Revision on the ground Assessing Officer did not examine whether separate books maintained-Not sustainable merely because Commissioner has different opinion-Revision is not valid. [S. 80IA(4)(iv), 80IA(7)]