TMI Blog2020 (6) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as brief finding of the Assessing Officer in the remand report mentioned, but that does not take away the substantial issue that the Assessing Officer has accepted the claim of the assessee in the remand proceeding. Before us, Revenue has not been able to explain as why the appeal has been filed when the Assessing Officer himself has accepted the claim of the assessee in the remand report, which was endorsed by the Supervisory Officer also. No reason for filing the appeal by the Revenue, once the Revenue has accepted the claim of the assessee during remand proceeding. CIT(A) has decided the issue on the basis of the remand report of the AO duly forwarded by the Supervisory Officer. In our opinion, the stand taken by the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of CIT(Appeals)-I may be set aside with direction to pass speaking order elaborating the facts and reasons. 3. That the appellant craves to leave, add, alter and amend any of the grounds of appeal on or before hearing. 2. Briefly stated facts of the case are that the assessee filed return of income on 26/09/2009 for assessment year 2009-10 declaring loss of ₹ 6,92,02,587/- and on 25/09/2010 for assessment year 2010-11 declaring loss of ₹ 10,18,82,447/-. The assessment under section 143(3) of the Income-tax Act, 1961 (in short the Act ) were completed for assessment year 2009-10 and 2010-11 on 23/12/2011 and 28/03/2013 respectively after making certain additions/disallowances. Aggrieved, the assessee filed ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the appellant and Revenue my learned predecessor called for a report from the learned A.O. and where after the learned A.O. vide his report dated 29.06.2015 the learned A.O. accepted the claims of the appellant. A copy of the report was provided to the appellant for its necessary response and by its letter dated 10.03.2016 the appellant submitted that the remand report is acceptable to the appellant. In view of there being no dispute between the parties the appeal is disposed in terms of the recommendations of the learned AO. The impugned assessment order is annulled. The appeal of the appellant succeeds and is allowed. 2.2 Aggrieved, the Revenue filed appeals before the Tribunal raising the grounds as reproduced above. 3. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e addition as well as brief finding of the Assessing Officer in the remand report mentioned, but that does not take away the substantial issue that the Assessing Officer has accepted the claim of the assessee in the remand proceeding. Before us, Revenue has not been able to explain as why the appeal has been filed when the Assessing Officer himself has accepted the claim of the assessee in the remand report, which was endorsed by the Supervisory Officer also. 6. We do not find any reason for filing the appeal by the Revenue, once the Revenue has accepted the claim of the assessee during remand proceeding. The Ld. CIT(A) has decided the issue on the basis of the remand report of the Assessing Officer duly forwarded by the Supervisory Of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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