9911796707
TMI Blog2015 (5) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... ant's objections both as to the assumption of jurisdiction as well as the merits. As is evident from the operative portion of the CIT's order itself, the merits were remitted for consideration to the AO. However, as regards the assessee's objections against the Show Cause Notice under Section 263 was concerned, there are no findings. Given these facts, the ITAT's order upholding as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice of the CIT dated 03/04.09.2009 seeking to revise the merits of the completed assessment for AY 2006-07 has been upheld by the ITAT and the matter remitted after upholding the initiation of revision proceedings. 2. The facts are that the appellant's return for AY 2006-07 was finalized by an order dated 10.11.2008. At that stage, in the return, it claimed three heads of expenditure towar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ..............But the action of the Ld. CIT in not considering the merits of objections raised by assessee vide reply dated 11.1.2010 placed at pages 3 to 12 of paper book and just remitting back to Assessing Officer for re-adjudication was not appropriate. 3. Learned senior counsel for the assessee argues that though innocuous, the remand has not addressed the assessee's basic grievance a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merits of the objections as to the initiation of proceedings itself on both the aspects, i.e. erroneous view of the AO and the potential consequence to the revenue, the ITAT's affirmation of such assumption of jurisdiction is untenable and the remand for the limited purpose of deciding objections is merely academic. 4. Learned counsel for the revenue submits that a complete consideration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have been made. In that sense, the assessee is correct in contending that the remand on the question of deciding objections had been rendered academic. 6. For the above reasons, the impugned order is modified; it is open to the assessee to contend both on the correctness and legality of assumption of jurisdiction as well as the merits of the items sought to be taxed in the revisional proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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