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    <title>2006 (4) TMI 511 - ITAT MUMBAI</title>
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    <description>The Tribunal quashed the CIT&#039;s order under section 263, determining that the AO&#039;s acceptance of the assessee&#039;s claim for deduction under section 80HHC was not erroneous or prejudicial to the interests of the revenue. The AO&#039;s decision was legally correct at the time, based on the prevailing legal position and the details provided. The assessee&#039;s appeal was allowed, and the CIT&#039;s jurisdiction was deemed wrongly invoked. The Tribunal emphasized that the CIT cannot substitute his judgment for the AO&#039;s when the AO has made inquiries and applied his mind to the facts, and the CIT must have material evidence to support any contrary conclusion.</description>
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    <pubDate>Fri, 21 Apr 2006 00:00:00 +0530</pubDate>
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      <title>2006 (4) TMI 511 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=176343</link>
      <description>The Tribunal quashed the CIT&#039;s order under section 263, determining that the AO&#039;s acceptance of the assessee&#039;s claim for deduction under section 80HHC was not erroneous or prejudicial to the interests of the revenue. The AO&#039;s decision was legally correct at the time, based on the prevailing legal position and the details provided. The assessee&#039;s appeal was allowed, and the CIT&#039;s jurisdiction was deemed wrongly invoked. The Tribunal emphasized that the CIT cannot substitute his judgment for the AO&#039;s when the AO has made inquiries and applied his mind to the facts, and the CIT must have material evidence to support any contrary conclusion.</description>
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      <pubDate>Fri, 21 Apr 2006 00:00:00 +0530</pubDate>
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