"We have considered the rival submissions. At the outset, it is to be appreciated that the order of assessment can be revised when both the conditions are met, first being the order is erroneous, and the second being the order is prejudicial to the interests of the Revenue. The view of the Revenue seems to be any order granting deduction to an assessee is prejudicial to the interest of the Revenue. We are not in agreement with this view, in so far as, if the Act provides for granting a particular benefit or deduction to an assessee, the granting of such deduction or benefit to the assessee cannot be deemed as prejudicial to the interest of the Revenue. One has to take out of one's mind that the granting of statutory deduction is an erroneous order prejudicial to the interests of the Revenue. The issue of the order being erroneous however needs to be shown. Just a claim that the order is an erroneous would not make an order erroneous. What is the error would have to be specifically pointed out. In the present case, the Principal Commissioner of Income Tax has raised the issues that the claim of deduction under Section 80-IB(10) has been made by both the land owner, being the assessee herein and the Joint Venture Partner, being M/s.Narendra Properties Ltd. The assessee has categorically brought to the attention of the Principal Commissioner of Income Tax, in response to showcause notice that the decision of the Tribunal vide order dated 22.11.2012 in the case of Sri Lakshmi Brick Industries has dealt with this issue proposed in the revision order and the Bench has categorically concluded in paras 9 and 10 that the land owner under similar circumstances would be entitled for the benefit of deduction under Section 80-IB(10) of the Act in the computation of the taxable total income. This view has been
