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of <h1>Court upholds Tribunal's decision on Commissioner's order for assessment years 1980-81 and 1981-82</h1> The High Court upheld the Tribunal's decision to set aside the Commissioner's order u/s 263 for assessment years 1980-81 and 1981-82. The Court referenced ... - Issues Involved:The High Court was tasked with deciding on the correctness of the Appellate Tribunal's actions regarding the setting aside of assessment orders u/s 263 of the Income Tax Act for the assessment years 1980-81 and 1981-82.Assessment Year 1980-81:For this year, the assessee filed the return of income on 13.1.1983, responded to the notice u/s 143(2) of the Act, and provided necessary details. The Income-tax Officer assessed the total income at Rs. 10,990. The Commissioner of Income-tax (Inv.) set aside this assessment order u/s 263, leading to fresh assessments being made on 30.3.1985, determining the total income at Rs. 25,270.Assessment Year 1981-82:Similarly, for this year, the return of income was filed on 13.1.1983, and after complying with the notice u/s 143(2), the Income-tax Officer assessed the total income at Rs. 19,110. The Commissioner of Income-tax (Inv.) set aside this assessment order u/s 263, resulting in fresh assessments being made on 30.3.1985, determining the total income at Rs. 53,440.The Appellate Assistant Commissioner, Ahmedabad, set aside the fresh assessment orders for both years. The Tribunal, upon the assessee's appeal, found no justification for the Income-tax Officer's error or omission, leading to the setting aside of the Commissioner's order u/s 263. The High Court upheld the Tribunal's decision, referencing a similar case involving M/s. Arvind Jewellers, Ahmedabad, where the Tribunal's order was also upheld in favor of the assessee.In alignment with the decision in CIT vs. M/s Arvind Jewellers, the High Court affirmed that the Tribunal was correct in setting aside the order u/s 263 and that it was not appropriate to set aside the entire assessment for certain items' mistakes or omissions. Consequently, both questions referred to the Court were answered in favor of the assessee, and the reference was disposed of without costs.
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