2012 (10) TMI 201

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d learned counsel for the parties.   2. The following main substantial question of law is involved in this appeal : " Whether in the facts and circumstances of the case, the learned Tribunal exceeded its jurisdiction in restoring the matter back to the file of the Assessing Officer for denovo assessment when the impugned order passed under Section 263 of the Income Tax Act, 1961 by the Comm .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssessment. It is submitted by the learned counsel for the appellant that once the Tribunal held that the assessment could not have been interfered by the Commissioner of Income Tax, then in that situation the Tribunal should not have dismissed the appellant's appeal and the order passed by C.I.T. should not have been maintained. 4. Learned counsel for the Revenue submitted that Commissioner of In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... passed under Section 143(3) was erroneous in so far as it was prejudicial to interest of revenue. Therefore, we are of the considered view that simply because the Assessing Officer has not done the assessment in the way in which ld. CIT found to be proper cannot be a ground for revise the order of the Assessing Officer and consequently cancelled the order of the Assessing Officer. Since Ld. CIT h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o the file of Assessing Officer for denovo assessment." 6. It is clear from the above order of the Tribunal that the Tribunal observed that the Commissioner of Income Tax found fault with the way of approach taken by the Assessing Officer in processing the return of the assessee and that cannot be a ground for reviewing of the assessment order. After this finding, the Tribunal immediately observe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ing properly. However, other reasons have not been considered by the Tribunal in its order dated 11th July, 2011 and , therefore, it appears that said mistake has been committed by the Tribunal of not giving the reasons for maintaining the order of the Commissioner of Income Tax, which has been impugned before the Tribunal. 8. Therefore, this appeal is allowed and the order dated 11th July, 2011 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X