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TMI Blog2010 (12) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... e on the orders under section 263 of the Income-tax Act, 1961 (hereinafter referred to "the Act") for the impugned assessment years, the assessee's appeals were allowed. The Tribunal in their common order on the Miscellaneous Petitions observed as follows:- "4. We also find that this Tribunal at para 2 of its order, while reproducing the grounds of the assessee, did not include in it, the specific ground raised by it regarding the power of the ld. CIT to consider u/s 263 of the Act a matter which was already considered by the ld. CIT(A) in assessee's appeal. A reading of the order of the Tribunal on merits, as set out at para 3 above clearly brings out that assessee's ground reproduced at para 1 was not adjudicated though all other aspect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal. On a Miscellaneous Petition by the assessee and not by the Department, the assessee has sought to rectify mistake apparent from record which the Tribunal is to consider as mentioned above. He pointed out that the learned counsel for the assessee has not been able to establish as to how the order of the ld. CIT takes care of the issue factually as was considered before the ld. CIT(Appeals). Referring to the orders of the ld. CIT(Appeals) for both the assessment years, on the basis of merits, he contended that under section 36(1)(viia) of the Act, the Assessing Officer was directed to allow the deduction for assessment year 2001-02 and whereas for the assessment year 2002-03, the ld. CIT(Appeals) had considered the claim of deductio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the A.O. The Tribunal had also noted the limitation raised by the assessee-appellant in ground No.4. The Tribunal was pleased to hold that the revision order passed by the ld. CIT under section 263 was barred by limitation and therefore, was sustained as invalid. While concluding his arguments, the learned D.R. submitted that a suitable direction may be given on the assessee's insisting of rectifying this mistake for adjudication on grounds relating to claim of deduction under section 36(1)(viia) of the Act. 4. We have heard the rival submissions and considered the material available on record. On a careful perusal of the facts and circumstances, we are inclined to hold that having allowed the assessee's appeal for the impugned assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to specifically point out the computation which ought to be allowed by the Assessing Officer vis-à-vis as considered by the ld. CIT in his order under section 263 directing the Assessing Officer to compute as per Rule 6ABA as said to have been adhered to but does not find any mention in the order of the ld. CIT(Appeals) or in the order of ld. CIT. In the interest of justice, we are inclined to hold that the issue does require consideration by the Assessing Officer not primarily on the basis of granting of deduction, but on the basis of computation which eligibility alone was decided by the ld. CIT(Appeals), and quantum considered by the ld. CIT in his order under section 263 of the Act. The Tribunal had also noted that the issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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