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TMI Blog2008 (4) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer should be a self-contained order giving the relevant facts and reasons for coming to the conclusion based on those facts and law - order passed by the Assessing Officer is cryptic - remand the matter to AO to decide the issue afresh in terms of the order passed by the CIT X X X X Extracts X X X X X X X X Extracts X X X X ..... ereby dropped." 6. The Commissioner of Income Tax ("the CIT") exercised powers conferred under section 263 of the Income Tax Act, 1961 (the Act) to revise the order passed by the Assessing Officer on the ground that the order is erroneous and prejudicial to the interest of the Revenue. 7. After hearing the Assessee, the CIT concluded that the Assessing officer did not verify several issues and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of relevant facts and the Assessee had also shown its bona fides and its reasonable belief in not deducting tax at the appropriate stage. The penalty proceedings were not dropped casually by the Assessing Officer but after verification of full facts disclosed by the Assessee in the reply. 10. We are unable to appreciate this reasoning given by the Tribunal simply because that the Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by the Assessing Officer is cryptic, to say the least, and it cannot be sustained. The Tribunal cannot substitute its own reasoning to justify the order passed by the Assessing Officer when the Assessing Officer himself did not give any reason in the order passed by him. Under the circumstances, we answer the question in the affirmative, in favour of the Revenue and against the Assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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