TaxTMI 
TaxTMI 
2023 (11) TMI 503
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....n u/s 263 of the Income Tax Act (hereinafter referred to as the 'Act'). 2. The brief facts relevant to the issue are that the ld. PCIT observed from the assessment records that the return of income of the assessee was selected for complete scrutiny assessment on the following issue: Deduction claimed for Industrial Undertaking u/s. 80ID/8OIE10A/10AA. The ld. PCIT further observed that an assessment u/s. 143(3) read with Sections 143(3A) & 143(3B) of the Act was completed on 09-02-2021 on the assessed income of Rs. 5,72,781/- accepting the claim of deduction of the assessee. The ld. PCIT further observed that the assessee was engaged in setting up of motor vehicle weighbridge check post under PPP Model with Government of West ....
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....ction of motor vehicle weighbridge. It was explained to the Assessing Officer that the construction of motor vehicle weighbridge was part of the toll road and the same was constructed under Public Private Partnership (PPP) mode with the Government of West Bengal on multi-locations in the State of West Bengal. The relevant part of the submissions of the assessee as made before the PCIT are reproduced as under: "5. It is the submission of the assessee that they are engaged in setting up of motor vehicle weighbridge check post under PPP Model with Government of West Bengal at multi locations in the State of West Bengal. On the merit of the claim, the assessee has drawn attention to Article 3 of the Concession Agreement entered into by....
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....d by him vide order dated 09-02-2021. The Ld. ITO had issued a detailed questionnaire, which was replied and then sought reasons for claim of deduction under section 8OIA and the reply was perused and his order was based on his satisfaction, to which your honour has expressed a difference in opinion. 2.02 Sir, to our understanding, the basis of this nbotice is not covered in any of the four clauses of Explanation 2 to Section 263 - more importantly in clause (a) and (b) because the ITO has sought complete details of the project, flow chart and the nature and basis of claim under section 801A - his notice under section 142(1) was quite exhaustive and also the final notice seeking clarification on the basis of claim under se....
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....to six-wheelers and beyond six-wheelers. He therefore held that the business activity of the assessee was not qualified for deduction u/s 80IA(4) of the Act. He accordingly set aside the assessment order dated 09.02.2021 and restored the matter to the file of the Assessing Officer for fresh assessment on this issue after considering the submissions of the assessee. Being aggrieved by the said order, the assessee has come in appeal before us. 5. We have heard the rival contentions and gone through the record. A perusal of the above submissions made by the assessee before the PCIT as well as further after going through the concession agreement produced by the assessee on the file and after going through the relevant records, we find tha....