TMI Blog2020 (7) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... iples is that the independence of the Assessing Officer cannot be interfered or questioned. No person can advice the AO to proceed with the assessment in a particular fashion. It is for the Assessing Officer to assess the books of accounts of the assessee and to frame the assessment. On the other hand, if the AO relies upon the borrowed material, it would be amounting to abdicating his duty as an AO. Thus, we find that the decision taken by the CIT(A) as affirmed by the tribunal, does not call for any interference. - Decided against revenue. - Tax Case Appeal No.556 of 2019 - - - Dated:- 14-7-2020 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.Karthik Ranganathan Senior Standing Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct and a total amount of ₹ 6,04,62,442/- was brought to tax by order dated 12.12.2011. 5. Subsequently, the assessment was reopened under Section 147 of the Act and the Assessing Officer by order dated 20.03.2015 assessed the income of the assessee at ₹ 4,48,21,824/- by disallowing the loss of foreign exchange to the extent of ₹ 1,97,55,214/-. Aggrieved by such order, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals)-6, Chennai, hereinafter referred to as 'CIT(A)'. The appeal was allowed by an order dated 21.07.2016. Aggrieved by such order, the Revenue preferred an appeal to the tribunal, which was dismissed by the impugned order. 6. It is the submission of Mr.G.Baskar, lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the reassessment proceedings have been initiated, on the basis of the objection received from the Senior Audit Officer dated 16.11.2012. Further the CIT(A) has pointed out that it is a matter of record that the Assessing Officer has not accepted the views and objections of the audit party and in fact sent a communication to the said effect to the Commissioner of Income Tax - II, Chennai, dated 13.05.2014, wherein the Assessing Officer has recorded that the objection of the audit party is not accepted by him. However, he would proceed to state that the remedial action has been taken by issuance of notice under Section 148 of the Act. 11. The CIT(A) while allowing the assessee's appeal took note of various decisions, more particu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as information, the basis of which the Income Tax Officer can act, the ultimate action must depend directly and solely on the formation of belief by the Income Tax Officer on his own, where such information passed on to him by the audit that income has escaped assessment. 15. The underlying legal principles is that the independence of the Assessing Officer cannot be interfered or questioned. No person can advice the Assessing Officer to proceed with the assessment in a particular fashion. It is for the Assessing Officer to assess the books of accounts of the assessee and to frame the assessment. On the other hand, if the Assessing Officer relies upon the borrowed material, it would be amounting to abdicating his duty as an Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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