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In the result, the appeal of the assessee is therefore partly allowed
section 263 ,as stated above, have still to be fulfilled for applying the explanation. The case laws holding so, as pointed out by the Ld.Counsel for the assessee are as under: i. Torrent Pharmaceuticals Ltd. Vs. DCIT, ITA No.164/Ahd/2018, decision dated 08.08.2018. ii. Asian Homes Pvt. Ltd. Vs. PCIT (2012) 78 ITR (Trib) 240 (Mumbai). iii. Citystar Ganguly Projects