ITAT upholds CIT (Appeals) ruling, assessees' 80J relief qualifies for benefits under section 80K

The ITAT Ahmedabad-B confirmed the CIT (Appeals) order in favor of the assessee, ruling that the ITO wrongly imposed additional income tax under section 104. The assessee's contention that 80J relief qualifies for benefits under section 80K was upheld, preventing the ITO from issuing an order under section 104. The revenue's appeal was rejected.

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The ITAT Ahmedabad-B confirmed the order of the CIT (Appeals) in favor of the assessee, stating that the ITO was not justified in levying additional income-tax under section 104 of the IT Act. The assessee's argument that the 80J relief would qualify for benefit under section 80K was accepted, and it was held that the ITO cannot make an order under section 104 in such circumstances. The revenue's appeal was dismissed.

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