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2021 (9) TMI 664 - HC - Income TaxRevision Petition filed u/s 264 of the order passed by AO u/s 270 AA(4) - Respondent No. 1, rejected Petitioner’s application on the ground that Sub-Section 6 of Section 270 (AA) specifically prohibits revisionary proceedings under Section 264 of the Act against the order passed by Assessing Officer under Section 270 (AA)(4) of the Act - HELD THAT:- When an assessee makes an application under Sub-Section 1 of Section 270 AA and such an application has been accepted under Sub-Section 4 of Section 270 AA, the assessee cannot file an appeal under Section 246 (A) or an application for revision under Section 264 against the order of assessment or re-assessment passed under Sub-Section 3 of Section 143 or Section 147. This does not provide for any bar or prohibition against the assessee challenging an order passed by the Assessing Officer, rejecting its application made under Sub- Section 1 of Section 270 AA. The application before Respondent No.1 was an order challenging an order of rejection passed by Respondent No. 2 of an application filed by Petitioner under Sub-Section 1 of Section 270 AA seeking grant of immunity from imposition of penalty and initiation of proceedings under Sub-Section 276( C) or Section 277 (CC). Therefore, in our view, Respondent no. 1 was not correct in rejecting the application on the ground that there is a bar under Sub-Section 6 of Section 270(AA) in filing such application. The impugned order has to be set aside and it is hereby set aside. The matter is remanded back to Respondent No. 1 to consider de-novo, the application filed by Petitioner under Section 264 impugning the order passed by the Assessing Officer under Sub-Section 4 of Section 270 AA and pass such orders as he deems fit in accordance with law after granting personal hearing to Petitioner.
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