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ORDER R.K. Gauba, J. - This appeal by the assessee seeks to assail the order dated 27.05.2013 passed by Income Tax Appellate Tribunal (ITAT) in appeal registered as ITA No. 2141/Del/2012 and for quashing of the re-assessment order passed by the respondent (the assessing authority) under Section 147 of the Income Tax Act. By the impugned order, the ITAT set aside the order passed by the Commissioner Income Tax (Appeals) [CIT(A)] on 15.02.2012 whereby the assessment order made on 02.12.2010 by Assistant Commissioner, Income Tax Circle 10(1), New Delhi for the assessment year (AY) 2003-2004 assessing the income at 1,63,90,330/- having the effect of tax liability in the sum of 23,83,380/- under Section 147 read with Section 143(3) of Income Tax was set aside. 2. The assessment order dated 21.12.2010 passed by the Assistant Commissioner, Income Tax Circle 10(1), New Delhi shows that the assessee had filed return of income for the assessment year 2003-2004 on 02.12.2003 declaring an income of Rs. 1,17,24,580/-. The return was processed under Section 143(1) of the Income Tax Act, 1961. The case was selected for scrutiny and notice under Section 143(2) of the Income Tax Act, 1961 was issued and later the assessment was completed at Rs. 1,32,03,670/- after making certain additions in the returned income of the assessee company. Subsequently, the income was revised at Rs. 1,17,24,580/- by order under Section 250/143(3) of the Income Tax Act dated 21.09.2007. 3. The case was re-opened under Section 147 of Income Tax Act leading to notice under Section 148 of Income Tax Act being issued on 22.03.2010 which action was resisted by the assessee through a response. In the course of re-assessment proceedings, the assessee was called upon to furnish details of Income Tax Return /bank account/profit and loss account/tax audit report etc. vide letter dated 14.10.2010. The assessing authority found in the re-assessment proceedings that the assessee, while calculating deduction under Section 80HHE, had adopted incorrect turnover which had resulted in excess claim under the said provision of law to the tune of Rs. 46,65,749/-. The Assessing Officer proceeded to re-calculate the…

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