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2014 (7) TMI 1034 - AT - Income TaxJurisdiction u/s 263 Claim of set off of loss - Held that:- AO has not discussed anything about the set off of loss claimed by the assessee and the difference in TDS certificate - When the order of the AO is appealable before the CIT(A) and subjected to revision u/s 263 before the Administrative Commissioner, the AO has all the more reasons to disclose the reasons for allowing or disallowing a claim of the assessee - the application of mind shall be reflected in the assessment order as also the reasons for conclusion available in the order itself AO cannot strengthen his order by filing an affidavit or by supplementing by any other document before the appellate or revisional proceedings - The assessment order has to stand on its own leg on the reasons stated in the order itself. Relying upon Commissioner of Income-tax vs Sunil Kumar Goel [2005 (1) TMI 34 - PUNJAB AND HARYANA High Court] - this Tribunal is of the considered opinion that the assessing officer has not conducted any proper enquiry with regard to set off of loss claimed by the assessee even though he disallowed the claim of loss in the earlier assessment year. The assessment order does not reflect the application of mind nor does it contain any reason for allowing the claim of the assessee - the Administrative Commissioner has rightly exercised his jurisdiction since the order is not only erroneous but also prejudicial to the interest of the revenue there was no infirmity in the order of the lower authority Decided against Assessee.
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