TMI Blog2018 (6) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the revised computation and give proper opportunity of being heard to the assessee. The Assessee is also directed to fully cooperate with the AO - I.T.A. Nos. 2941/Del/2017 - - - Dated:- 1-6-2018 - SHRI H. S. SIDHU, JUDICIAL MEMBER For The Assessee : Sh. Vineet Garg, Adv. For The Revenue : Ms. Ashima Neb, Sr. DR. ORDER This appeal is filed by assessee against the Order passed by the Ld. CIT(A)-11, New Delhi relating to Assessment Year 2012- 13 on the following grounds:- 1. The Ld. CIT(A) has erred on facts and in laws in upholding the impugned order of the AO which is contrary to law, devoid of jurisdiction, passed without application of mind and without complying with the procedure and rules, is against e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee has draw my attention towards para no. 4.4.2 of the impugned order at page no. 12-13 and stated that AO has wrongly rejected the revised computation filed by the assessee during the course of assessment proceedings and also Ld. CIT(A) has wrongly upheld the action of the AO by observing that there was no way by which the appellant could have withdrawn the depreciation claimed on the shop in the earlier years and no provisions of the Act enables the AO to do that. For the sake of convenience, he filed the letter dated 19.3.2015 filed with the AO and copy of revised computation, details of payment made for Omaxe Shop and copy of receipt issued by Omaxe, where receipts are not available, copy of bank statement with the Paper Book at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t analysis. I have also perused the decision of the ITAT, F-Bench, Mumbai dated 13.10.2015 passed in the case of Furniture concepts (I) Ltd. Vs. ACIT reported (2015) 64 taxmann.com 47 (Mumbai)- Trib.) wherein vide para no. 2 the Tribunal has held as under:- 2. During hearing, the crux of argument advanced on behalf of the assessee is that the assessee filed revised computation before the ld. Assessing Officer which was not considered by him and further revised return could not be filed as time for filing the revised return has already been elapsed. Reliance was placed upon the decision in CIT v. Pruthvi Brokers Shareholders [2012] 349 ITR 336/208 Taxman 498/23 taxmann.com 23 (Born.) and order of the Tribunal in Chicago Pneumatic In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the time limit, prescribed for filing the revised return, had elapsed. However, the Assessing Officer completed the assessment u/s 143(3) of the Act, based upon, original computation showing net profit of ₹ 1,12,40,326/- after disallowing certain expenses which were set off by earlier losses. On appeal, the conclusion drawn by the Assessing Officer was affirmed. The assessee is aggrieved and is in further appeal before this Tribunal. 2.2. Now, question arises whether the revised computation was to be considered by the Assessing Officer specially when time for filing revised return had elapsed? Under the facts, stated hereinabove, the Hon'ble Bombay High Court in Pruthvi Brokers Shareholders case (supra) held that appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
