TMI Blog1989 (2) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... arch 19, 1982. The Commissioner of Income-tax called for the record of the case and found that the business loss of Rs. 30,000 was determined, after adjusting deductions under section 80J of the Income-tax Act, 1961, (for short "the Act") and was allowed to be carried forward. He also took note of certain other infirmities and issued notice under section 263 of the Act. By order dated March 5, 198 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in vacating the order of the Commissioner of Income-tax (Appeals), Ludhiana, passed under section 263 of the Income-tax Act, 1961 ? " We have gone through the order of the Commissioner. In para 7, the contention on behalf of the assessee to the effect that the business of dehusking of paddy was a manufacturin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ." In para 8, the Commissioner further observed : "As there were no profits and gains from the industrial undertaking, no deduction under section 80J could have been allowed during the assessment year." In spite of the aforesaid findings, whether conclusive or inconclusive, it was observed that it will be appropriate to set aside the assessment so that the question of allowability and car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion or consider the cited cases or the argument raised and merely observed that these were the points which deserved consideration and after setting aside the order of the Income-tax Officer, issued a direction for making assessment afresh. This is not permissible under the provisions contained in section 263 of the Act. The Commissioner had to come to a firm decision that the order of the Income- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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