TMI Blog2017 (9) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee and processed u/s 143(1) of the Act is not amounting to assessment, it is a mere process. In view of the above, the A.O. is not correct in rejecting the revised return filed by the assessee. We also find that the Ld. CIT(A) deleted the addition made by the A.O. without considering that the A.O. failed to consider the revised return and addition made by the A.O. is on the basis of original return. Under these facts and circumstances of the case, we are of the opinion that the order passed by the Ld. CIT(A) has to be set aside and we direct the A.O. to consider the revised return filed by the assessee dated 28.3.2013 and pass the assessment order de-novo in accordance with law. This appeal filed by the revenue is allowed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . by observing as under: I have gone through the facts of the case, contents of the assessment order, written submissions of the-assessee and the case laws referred and relied by the assessee. The facts of the case in brief are that the assessee is a private limited company carrying on business manufacturing and sale of cotton, ginning, spinning and allied products and power generated plant, flied ROT for the A.Y. 2011-12 on 23.09.20 11 declaring total income of ₹ 3,32,45,620/-. The return was processed on 10.02.2012 and the case was selected for scrutiny. Subsequently, the appellant filed revised return on 28.03.2013, declaring total income at ₹ 2,63,45,860/-. The scrutiny assessment was completed u/s.143(3) of the T.T. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of S.R. Koshti Vs. CIT (2005) 276 1TR 165 it was held that The authorities under the Income-tax Act, 1961 are under an obligation to act in accordance with law. Tax can be collected only as provided under the Act. If an assessee, under a mistake, misconception or on not being properly instructed, is over-assessed, the authorities under the Act are required to assist him and ensure that only legitimate taxes due are collected. Every loss of revenue as a consequence of an order of the Assessing Officer cannot be treated as prejudicial to the interests of the Revenue. When an Assessing Officer has adopted one of the courses permissible in law, which has resulted in loss of revenue, or where two views are possible and the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the returns u/s.143(1)(a) cannot be considered as completion of assessment, the assessee has entitled to file the revised return within the prescribed time and before completion of the assessment. In this case the assessee has filed revised return within the stipulated time and before completion of the assessment. Hence, the addition made by the A.O is deleted and the assessee's ground of appeal is allowed. As a result the appeal of the assessee is allowed. 4. On being aggrieved, revenue is in appeal before the Tribunal. The Ld. D.R. has supported the order passed by the A.O. 5. On the other hand, the Ld. Counsel for the assessee has supported the order passed by the Ld. CIT(A). 6. We have heard both the parties, perus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is a mere process. In view of the above, the A.O. is not correct in rejecting the revised return filed by the assessee. We also find that the Ld. CIT(A) deleted the addition made by the A.O. without considering that the A.O. failed to consider the revised return and addition made by the A.O. is on the basis of original return. Under these facts and circumstances of the case, we are of the opinion that the order passed by the Ld. CIT(A) has to be set aside and we direct the A.O. to consider the revised return filed by the assessee dated 28.3.2013 and pass the assessment order de-novo in accordance with law. This appeal filed by the revenue is allowed for statistical purposes. 7. The Cross objection filed by the assessee is only support ..... X X X X Extracts X X X X X X X X Extracts X X X X
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