2022 (6) TMI 596

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....owing grounds of appeal:- "1. The Ld. CIT(A) has erred in law and on facts in directing the Assessing Officer to consider the revised return. 2. The Ld. CIT-(A) has erred in law and on facts in law and on facts in not appreciating the fact that the return filed on 30.11.2013 was based on duly audited A/cs and hence there was no omission and mistake. 3. On the facts and in the circumstances of the case, the Ld. CIT(A), Ahmedabad ought not to have issued the direction to consider the revised return. 4. The appellant craves leave to amend alter any ground or add a new ground, which may be necessary." 3. The brief facts of the case are that the assessee company had filed its original return of income for a....

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...., the assessee company is not allowed to carry out any variations in the accounts. Therefore, the revised return of income is not considered and the income is computed on the basis of original return of income which was filed on 30.11.2013." Accordingly, the Ld. Assessing Officer passed the assessment order by making adjustments to the original return of income and did not take into consideration the revised return filed by the assessee. 4. The assessee filed an appeal against the assessment order and Ld. CIT(Appeals) in appellate proceedings accepted the assessee's contention and set aside the assessment order by holding that that AO has erred in law in not accepting the said revised return only on the ground the effect of such a wr....

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....The AO is directed to accept the figures as per revised return. AO is directed to delete the amount of Rs. 3,46,28,750/- and Rs. 31,18,679/- by reducing the same from the figure declared in the original return considering the revised return." 5. The Department is in appeal before us against the above order passed by Ld. CIT(Appeals) setting aside the assessment order and directing the AO to accept the figures as per revised return. Before us, the Ld. DR argued that the Ld. CIT(Appeals) did not examine the genuineness of claim put forth by the assessee and simply directed the AO to accept the figures as per revised return. The Ld. DR invited our attention to relevant observations of the Ld. CIT(Appeals) and submitted that the Ld. CIT(Appe....