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    <title>2012 (8) TMI 221 - ITAT MUMBAI</title>
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    <description>Withdrawal of a deduction claim by letter or revised return did not, by itself, bar the assessee from contesting eligibility before appellate authorities; the claim had to be tested on the statutory conditions. The Tribunal noted that a concession before the Assessing Officer does not defeat a lawful entitlement where the facts support the deduction. On merits, the assessee was found to have undertaken manufacturing through an industrial undertaking that was not formed by reconstruction, splitting up, or transfer of previously used plant and machinery. The deduction under section 80IB was therefore allowed and the denial was set aside.</description>
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    <pubDate>Fri, 13 Apr 2012 00:00:00 +0530</pubDate>
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      <title>2012 (8) TMI 221 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=215536</link>
      <description>Withdrawal of a deduction claim by letter or revised return did not, by itself, bar the assessee from contesting eligibility before appellate authorities; the claim had to be tested on the statutory conditions. The Tribunal noted that a concession before the Assessing Officer does not defeat a lawful entitlement where the facts support the deduction. On merits, the assessee was found to have undertaken manufacturing through an industrial undertaking that was not formed by reconstruction, splitting up, or transfer of previously used plant and machinery. The deduction under section 80IB was therefore allowed and the denial was set aside.</description>
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      <pubDate>Fri, 13 Apr 2012 00:00:00 +0530</pubDate>
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