TEKNIKA COMPONENTS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Heard Learned Counsel on both sides.

(2.) Leave granted.

(3.) In the present case, the Assessee had claimed deduction under Section 80-IA of the Income Tax Act, 1961, ['Act', for short, which was allowed by the Assessing Officer. However, the Commissioner of Income Tax ['CIT' for short] passed an order under Section 263 of the Act, the effect of which was to disallow deduction granted under Section 80-IA by the Assessing Officer. Aggrieved by the order of CIT, the Assessee preferred an appeal to the Income-tax Appellate Tribunal ['Tribunal', for short]. That appeal was allowed by the Tribunal. The High Court, in the appeal preferred by the department, came to the conclusion that the Tribunal had not answered some of the issues, which stood decided by the CIT under Section 263 of the Act. In the circumstances, the High Court set aside the order of the Tribunal.