[2019] 102 taxmann.com 48 (Bombay)

Where Tribunal set aside revisional order passed by Commissioner finding that while issuing notice under section 263, Commissioner had referred to only one ground that deduction under section 80-IA had been wrongly allowed, however, final order was passed on various other grounds as well, impugned order of Tribunal did not require any interference

Section 263 of the Income-tax Act, 1961 – Revision

 Of orders prejudical to revenue (Validity of order)

 Assessment year 1995-96 – In case of assessee, assessment was completed under section 143(3) wherein assessee’s claim for deduction under section 80-IA was allowed

Commissioner passed a revisional order under section 263 taking a view that Assessing Officer had allowed excess deduction to assessee

Tribunal noted that while issuing notice under section 263, Commissioner had referred to only one ground that deduction under section 80-IA had been wrongly allowed, however, final order was passed on other grounds also which did not form a part of notice issued by Commissioner

 Tribunal thus set aside revisional order

 Whether, on facts, impugned order passed by Tribunal did not require any interference

 Held, yes

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