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2020 (10) TMI 260 - HC - Income TaxRevised return filed beyond the prescribed period of limitation - matter not remanded to the AO to assess the original return of the assessee - disallowances deleted by ITAT - HELD THAT:- ITAT was not justified in going into the issue of disallowances before the AO had an opportunity of assessing the original return and determined the amount which was liable to be brought to tax. This later exercise involved examination of factual matrix which, in the facts and circumstances of the present case, the ITAT should not have undertaken as if it were the authority of the first instance. ITAT, in this case, after holding that the revised return was filed beyond the prescribed period of limitation, should have restored the original return before the AO and, thereafter, directed the AO to assess the original return in accordance with law. This would have afforded both, the Revenue as well as the Assessee, effective opportunity to putforth their respective versions on the issue of disallowances which, normally arise in the course of such assessment proceedings. Impugned order made by the ITAT, to the extent it purports to delete various disallowances or to finalise the assessment, must be interfered with. This later portion of the impugned order is, therefore, set aside. - Decided in favour of the Revenue and against the Assessee.
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