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Issues involved:
The issues involved in this case are related to the exercise of power u/s 263 of the Income-tax Act, 1961, specifically concerning the correctness of the order of the assessing officer and the exemption granted u/s 10B of the Act. Assessing Officer's Order and Administrative Commissioner's Decision: The Administrative Commissioner found that the assessing officer's order was erroneous and prejudicial to the interest of the revenue due to lack of enquiry and reasoning in granting exemption u/s 10B. The Commissioner set aside the order for reassessment, emphasizing the necessity for the assessing officer to provide detailed reasons for conclusions in the order itself to enable proper review by higher authorities. The Tribunal upheld the Commissioner's decision, stating that the assessing officer's failure to conduct a thorough enquiry and provide reasoning rendered the original order defective and justifying revision u/s 263. Judicial Principles and Application of Law: The Tribunal highlighted the importance of a "speaking order" by the assessing officer, requiring explicit reasoning for conclusions in the assessment order itself. It emphasized that failure to provide reasons could hinder the revisional and appellate authorities' ability to assess the correctness of the decision. The Tribunal noted that the same judicial principles applied to both the assessee and the revenue, necessitating clear and reasoned decisions by the assessing officer to avoid potential challenges to the order. Applicability of Precedents: The Tribunal distinguished the cited judgments of Kuttukkaran Trading Ventures and the Delhi High Court from the present case, asserting that the principles laid down in the Apex Court's decision in Malabar Industrial Co Ltd vs Commissioner of Income-tax were more relevant. It referenced the Malabar case to support the Administrative Commissioner's directive for reassessment based on a lack of proper examination and reasoning in the original assessment. Direction for Reassessment: The Tribunal upheld the Administrative Commissioner's direction for reassessment, emphasizing the need for an independent review of the materials on record by the assessing officer. It clarified that the reassessment should be conducted impartially, without influence from previous observations, and in compliance with the law, ensuring a fair opportunity for the assessee. In conclusion, the Tribunal dismissed the appeal, affirming the Administrative Commissioner's decision for reassessment based on the inadequacy of the original assessment order in terms of enquiry and reasoning, as required by the provisions of the Income-tax Act.
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