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2021 (4) TMI 1205 - HC - Income TaxRevision u/s 263 - Tribunal quashing the order of the Commissioner of Income Tax passed u/s 263 as non-speaking and cryptic order - HELD THAT:- The first reason cited in the show cause notice was that deduction under Section 10B has been allowed without excluding other incomes. The assessee placed on record the copy of the assessment order dated 30.12.2011 passed under Section 143(3) read with Section 147 wherein AO has categorically stated that the assessee has not claimed deduction under Section 10B. Therefore, the finding of the Commissioner of Income Tax that the assessee has claimed deduction under Section 10B is factually incorrect. So far as the genuineness of the expenditure claimed in the profit and loss account were not verified by the Assessing Officer and the Balance Sheet items and details of annexure were not examined at the time of assessment. The Tribunal, while setting aside the order of Commissioner of Income Tax, held that the Commissioner of Income Tax cannot direct the AO to conduct roving enquiry without any specific directions with regard to specific expenditure or income claimed or suppressed by the assessee. Tribunal observed that the order passed by the Commissioner of Income Tax is a non-speaking and cryptic order. Commissioner of Income Tax has not given any valid reason to come to the conclusion that the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue. No error or irregularity in the order passed by the Tribunal. - Decided in favour of assessee.
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