2011 (10) TMI 31

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....ENT   P.C:   1. Whether the ITAT was justified in setting aside the order passed by the CIT under Section 263 of the Income Tax Act, 1961, is the question raised in this appeal.   2. The assessment year involved herein is AY 2003-04.   3. The assessee is engaged in the production of cattle feed. In the assessment year in question, the assessee claimed deduction unde....

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....activity or not. Accordingly, the CIT invoked jurisdiction under Section 263 of the Act and directed the assessing officer to pass fresh assessment order after taking into consideration the aforesaid issues.   5. On appeal filed by the assessee, the ITAT by the impugned order dated 30/6/2009 set aside order passed by the CIT under Section 263 of the Income Tax Act. Challenging the aforesai....