1989 (2) TMI 79

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....D MITAL J.-For the assessment year 1979-80, the Income-tax Officer completed the assessment on March 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 certa....

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....uestion for the opinion of this court at the instance of the Revenue "Whether, on the facts and 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....

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.... for which omission the assessee has, no reasonable and sufficient cause, can now be entertained." 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....

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....ng of the entire order of the Commissioner clearly goes to show that he did not furnish his opinion 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 secti....