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TMI Blog2016 (8) TMI 1587X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the AO and was non est in law. Since the revised return was treated to be non est in law, there was no question of making payment of tax on the income declared therein. Therefore, we are of the view that the assessee has already paid the tax on the admitted income declared in the original return filed which was acted upon by the AO for framing the assessment u/s. 153C of the Act. In the light of these facts, we are of the view that the CIT(Appeals) was wrong in dismissing the appeal of the assessee. Therefore, we set aside his order and restore the matter to his file with a direction to readjudicate the appeal on merits by passing a reasoned order. X X X X Extracts X X X X X X X X Extracts X X X X ..... arned commissioner of income tax (appeals) ought to have finding on the validity of the search. Reliance is placed on the decision of the Jurisdictional High Court in the case of C Ramaiah Reddy vs ACIT reported in 339 ITR 210 and of the Jurisdictional Tribunal in the case of DCIT, Central Circle Mangalore vs M/s HML Agencies in MP No. 103/Bangalore/ 2010 in ITA No. 1209/Bang/2009. 7. The order of the CIT-A is further bad in law as the appellant was not provided the copy of the letter relied upon by the CIT-A for-rebuttal by the appellant and thus the order needs to be set aside in the interest of equity and justice. 8. The appellant denies itself liable to be levied to interest under section 234 B of the Act and further the computation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t prays your Honour to consider the facts and circumstances of the case and justice be rendered." 2. During the course of hearing, the ld. counsel for the assessee has invited our attention that the assessee has filed a return of income declaring capital gains at Rs.48,15,354. Later on, a search was conducted and in response to notice, assessee has filed a letter dated 8.9.2010 to treat its return filed u/s. 139 as a return u/s. 153C of the Income-tax Act, 1961 ["the Act"]. Accordingly, the said return was accepted as a return u/s. 153C of the Act. The assessee filed another return on 28.10.2010 disclosing capital gains at Rs.2,75,64,615 and marking the return as a revised return u/s. 153C of the Act. In view of the fact that the original ..... X X X X Extracts X X X X X X X X Extracts X X X X
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