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Section 263 of the Income-tax Act, 1961 - Revision - Of orders prejudicial to interest of revenue - Assessment year 2005-06 - In course of assessment, Assessing Officer allowed assessee's claim of deduction under section 80-IA while computing book profits - Subsequently, Commissioner taking a view that deduction had been wrongly computed by including interest income credited to profit and loss account, issued notice under section 263 - In its reply, assessee stated that it had two units; power generation unit which was entitled to deduction under section 80-IA and energy system unit which was not entitled to said deduction - Assessee further submitted that there was proper bifurcation of interest income as interest belonging to power generation unit alone had been included while computing amount of deduction - Commissioner rejected assessee's explanation and passed a revisional order under section 263 - On appeal, Tribunal having accepted bifurcation and nature of interest income, set aside revisional order - Whether, on facts, right and proper course for Tribunal was to ask Commissioner to examine factual aspect relating to bifurcation and nature of interest rather than giving its own factual finding without there being factual examination and verification of assessee's claim - Held, yes - Whether, therefore, impugned order passed by Tribunal was to be set-aside and, matter was to be remanded back to Commissioner to pass a fresh order after hearing assessee - Held, yes [Matter remanded] FACTS For the relevant assessment year, the assessee filed a return declaring certain loss. The Assessing Officer calculated the book profits under section 115JB and from the aforesaid amount, deduction under section 80-IA was allowed. The Commissioner took a view that the deduction under section 80-IA had been wrongly computed by including interest income credited to profit and loss account. He thus, passed an order under section 263 setting aside the assessment order with a direction to the Assessing Officer to make assessment afresh. On appeal, the Tribunal accepted the assessee's plea that it had two units; power generation unit and energy system unit and, interest income…

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