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2022 (5) TMI 103 - AT - Income TaxRevision u/s 263 by CIT - Exemption u/s 54B and short term capital gain - HELD THAT:- There is no dispute that there is no reference about various enquiries or investigations carried out by Assessing Officer while passing the assessment order on 22/12/2017. Before us, the learned AR of the assessee vehemently submitted that during assessment, AO made detailed enquiries and accepted the claim of assessee on exemption u/s 54B as well as short term capital gain - We find that during the assessment proceedings, the Assessing Officer issued various notices for seeking information and evidence with regard to the claim of exemption u/s 54B as evident from the show cause notice dated 10/11/2017 and 13/11/2017 and 29/11/2017. The assessee furnished his reply and also filed evidence that agriculture land sold by the assessee was used for agriculture activities as evident from extract of 7/12. Thus, the issue was examined by Assessing Officer and on his satisfaction, no addition was made. So far as other issue regarding sale and purchase of other properties i.e. flat in Life Style building, the Assessing Officer vide his notice dated 13/11/2017 required necessary details. Since, the assessing officer has accepted the explanation of assessee, which was coupled with evidence; the assessing officer may not have thought to pass detailed order on the issue examined by her. In our view, once the contention of the assessee on a particular issue is accepted by assessing office, the order is not appealable order and no appeal would be filed, against such accepted position as an assessee will not feel aggrieved with it, it is not necessary to give reasons of acceptance of such pleas. Similar view has been taken by Hon'ble Jurisdictional High Court in CIT Vs Nirma Chemical Works Ltd [2008 (2) TMI 373 - GUJARAT HIGH COURT] - Appeal of assessee allowed.
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