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TMI Blog2014 (7) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... ted as deemed let out – Held that:- The assessment is based on the basis of original return filed by the assessee, but there is no whisper about the return being revised by the assessee - the assessee candidly conceded that the issue may be restored back to the file of the AO to consider it afresh – thus, the matter is remitted back to the AO for fresh adjudication – Decided in favour of Revenue. - I.T.A. No.400/Ahd/2011, CO No. 59/Ahd/2011 - - - Dated:- 13-6-2014 - Shri N. S. Saini And Shri Kul Bharat,JJ. For the Petitioner : Shri K. C. Mathews, Sr.DR For the Respondent : Shri P.M. Mehta, AR ORDER Per Shri Kul Bharat, Judicial Member : The Revenue and the Assessee both have challenged the order of the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary. 2.1. Briefly stated facts of the case are that the assessee filed its return of income on 27/12/2006 declaring total income of ₹ 2,92,30,230/-. The case was picked up for scrutiny assessment and the assessment u/s.143(3) of the Income Tax Act,1961 (hereinafter referred to as the Act ) was framed vide order dated 30/12/2008, thereby the Assessing Officer (AO in short) computed the total income at ₹ 3,14,59,505/- as against income declared at ₹ 2,92,30,230/- by making addition on account house property under the head of business profession and long-term capital gain short-term capital gain. Against this, the assessee preferred an appeal before the ld.CIT(A), who after considering the submissions, partly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant s submission. Since appellant filed revised return in time, assessing officer should have considered the same. Assessing officer is directed to consider claim of depreciation in revised return and allow the same as per law. 4.1. During the course of hearing, ld.counsel for the assessee submitted that he can place the revised return on record. Therefore, we do not find any infirmity in the order of the ld.CIT(A) as he had directed the AO to consider the claim of the assessee for depreciation as per law. However, the AO would verify the claim in revised return as filed by the assessee and decide the issue as per law. Needless to say that the AO would afford reasonable opportunity of being heard to the assessee. With this directio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of cross objections either before or during the course f hearing of the cross objection. 10. The ld.counsel for the assessee reiterated the submissions as were made in the statement of facts-cum-synopsis. On the contrary, ld.Sr.DR supported the order of the AO. However, he submitted that the assessment order is passed on the original return and not on the basis of revised return. 11. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. We find that the assessment is based on the basis of original return filed by the assessee, but there is no whisper about the return being revised by the assessee. During the course of hearing, ld.counsel for the assessee ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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