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2014 (8) TMI 973 - AT - Income TaxRevision U/S 263 - assessee admittedly claimed deduction under section 80-IB(10) and the Assessing Officer allowed the same without any discussion - Held that:- Though the assessee claims that the Assessing Officer called for details regarding the claim of deduction under section 80-IB(10), the Assessing Officer has not discussed anything in the assessment order. The assessment order being a judicial proceeding under section 136 of the Income-tax Act, the application of mind shall be reflected in the order itself. Irrespective of whether an order is a judicial order or administrative order, the impugned order shall speak for itself especially when such an order is subject matter of appeal/ revision before the higher authorities. The reasons for a conclusion reached in the order shall contain in the order itself and the same cannot be substituted by way of an additional document or affidavit in the appellate or revisional proceedings. Assessing Officer shall re-examine the matter and record reason for the conclusion reach either allowing or disallowing the claim of the assessee under section 80-IB(10) of the Act. While re-examining the matter, the Assessing Officer shall also take into consideration the judgment of the Bombay High Court in Vandana Properties [2012 (4) TMI 54 - BOMBAY HIGH COURT] and any other material that may be brought to his notice by the assessee. The Assessing Officer shall reconsider the matter afresh and thereafter decide the same without being influenced by any of the observations made by the Administrative Commissioner in the impugned or this Tribunal in this order in accordance with law after giving reasonable opportunity of hearing to the assessee. - Decided against assesse.
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