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    <title>2018 (12) TMI 129 - MADRAS HIGH COURT</title>
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    <description>HC held that the Pr.CIT wrongly assumed jurisdiction under s.263 regarding exemption claimed u/s 54F on four residential units. The AO, in reassessment, had consciously examined the claim and adopted a plausible view granting deduction u/s 54F instead of s.54, evidencing due application of mind. As the substantive issue was already pending before the CIT(A), exercise of revisional power u/s 263 was statutorily barred. Further, even if the reassessment order were assumed erroneous, it was not prejudicial to the Revenue; the twin conditions for s.263 were unmet. The HC set aside the s.263 order and the ITAT&#039;s confirmation, allowing the assessee&#039;s appeal.</description>
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    <pubDate>Wed, 14 Nov 2018 00:00:00 +0530</pubDate>
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      <title>2018 (12) TMI 129 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=371360</link>
      <description>HC held that the Pr.CIT wrongly assumed jurisdiction under s.263 regarding exemption claimed u/s 54F on four residential units. The AO, in reassessment, had consciously examined the claim and adopted a plausible view granting deduction u/s 54F instead of s.54, evidencing due application of mind. As the substantive issue was already pending before the CIT(A), exercise of revisional power u/s 263 was statutorily barred. Further, even if the reassessment order were assumed erroneous, it was not prejudicial to the Revenue; the twin conditions for s.263 were unmet. The HC set aside the s.263 order and the ITAT&#039;s confirmation, allowing the assessee&#039;s appeal.</description>
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      <pubDate>Wed, 14 Nov 2018 00:00:00 +0530</pubDate>
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