9911796707
TMI Blog2018 (5) TMI 1827X X X X Extracts X X X X X X X X Extracts X X X X ..... ed u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter called as 'the Act'). The assessee is a civil contractor filed the return of income on 15.10.2010 declaring total income of Rs. 4,09,23,080/- and the assessment was completed u/s 143(3) of the Act on total income of Rs. 4,19,95,050/-. In the assessment, the assessing officer estimated the income @ 12.5% on main contracts and 8% on sub contracts and allowed the depreciation. Subsequently, the Commissioner of Income Tax(CIT), Vijayawada has taken up the case for revision u/s 263 of the Act and viewed that the A.O. having estimated the income would not have allowed the depreciation. The ld.CIT observed that though the A.O. relied on the decision in the case of M/s. KNR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing heard. Further, in the concluding paragraph i.e. paragraph No.8.1 in the operating part of the order, the Ld. CIT has categorically mentioned that the order passed u/s 143(3) of the Act is set aside with a direction to re-do the assessment de-novo in accordance with law and established procedure and after giving reasonable opportunity of being heard to the assessee. The operating paragraph of the order very clearly shows that the assessment is set aside for de-novo consideration which indicates that the assessment has to be started afresh and assessee is entitle to file appeal against the consequential order and the same would fall under the jurisdiction of the Ld.CIT(A). The specific direction given by the CIT is nullified by the gene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f revenue on all the above counts and hence it is set aside. Since the issues indicated in paras 4 to 7, supra, primarily affect the income determination, the A.O. is directed to redo the assessment, denovo, in accordance with law & established procedure and after giving the assessee a reasonable opportunity of being heard." 7. Plain reading of paras 4.4 and 8.1 of Ld. CIT's order, gives confusion with regard to the direction given by the Ld. CIT. In para 4.4, the CIT has directed the A.O. to add the depreciation and directed the A.O. to determine the income as per law and established procedure and after giving reasonable opportunity to the assessee. In the concluding paragraph of the Ld. CIT order in Para No.8.1, the Ld.CIT has set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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