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TMI Blog2018 (3) TMI 1446X X X X Extracts X X X X X X X X Extracts X X X X ..... ns given while explaining the facts - the assessee may be given adequate opportunity of being heard before passing the speaking order. Appeal of revenue is allowed for statistical purposes. - I.T.A. No. 2111/Kol/2016 - - - Dated:- 15-2-2018 - Shri J. Sudhakar Reddy, AM And Shri A. T. Varkey, JM For the Appellant : Shri Arindam Bhattacharya, Addl. CIT, Sr. DR For the Respondent : Shri T. P. Kar, FCA ORDER Per Shri A.T.Varkey, JM This appeal filed by the revenue is against the order of Ld. CIT(A)-4, Kolkata dated 08.09.2016 for AY 2009-10. 2. The main grievance of the revenue is against the action of the Ld. CIT(A) in directing the AO (TDS) to re-examine the rectification petition of the assessee which according to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e realized the fact of non-claiming of the exemption u/s. 10B of the Act, the assessee filed revised return of income on 14.04.2011, intimation u/s. 143(1) of the Act was already made by the AO on 20.10.2010 and demand was raised of an amount of ₹ 15,39,570/-. It was also pointed out to the AO in sec. 154 rectification petition that there was another mistake in the intimation given u/s. 143(1) of the Act wherein the AO has shown aggregate of taxable liability ascertained at ₹ 32,89,369/- and, therefore, the total tax credit has been ascertained at ₹ 8,15,077/- but at the end there is a liability shown as payable for ₹ 15,39,567/-. It was also pointed out in the 154 rectification petition that the total dividend distr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) has taken note of the fact that the assessee s grievance raised in the 154 rectification petition has not been addressed/adjudicated by the AO. It has to be remembered that reason is the soul of a judicial/quasi judicial order. We note that though the Ld. CIT(A) has got the power to confirm, reduce, enhance or annul the assessment, the power to set aside/remand to the AO has not been given to the Ld. CIT(A), therefore, we set aside the order of Ld. CIT(A) and in the interest of justice, remand the matter to the file of the AO and direct the AO to de novo adjudicate the issues raised by the assessee in the rectification petition filed by the assessee u/s. 154 of the Act on 14.04.2011 untramelled by any observations given while explai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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