TMI Blog2021 (9) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... an application for revision under Section 264 against the order of assessment or re-assessment passed under Sub-Section 3 of Section 143 or Section 147. This does not provide for any bar or prohibition against the assessee challenging an order passed by the Assessing Officer, rejecting its application made under Sub- Section 1 of Section 270 AA. The application before Respondent No.1 was an order challenging an order of rejection passed by Respondent No. 2 of an application filed by Petitioner under Sub-Section 1 of Section 270 AA seeking grant of immunity from imposition of penalty and initiation of proceedings under Sub-Section 276( C) or Section 277 (CC). Therefore, in our view, Respondent no. 1 was not correct in rejecting the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r replied to these notices from time to time and also furnished all details and documents. Respondent No. 2 passed an Assessment order dated 19th December, 2019 under Section 143 (3) of the Act determining total income of Petitioner at ₹ 7,41,84,730/-. Respondent No. 2 determined book profit under the provisions of Section 115 (JB) of the Act at ₹ 2,19,33,505/-. Following this assessment order, Respondent No. 2 issued demand notice dated 19th December, 2019 under Section 156 of the Act raising a demand of ₹ 1,80,14,619/-. As Petitioner found that Respondent No.2 had not correctly allowed the Minimum Alternate Tax (M.A.T.) credit available to Petitioner while determining the tax liability, Petitioner filed an application da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that there is no such prohibition or bar as held by Respondent No. 1 and we would agree with Mr. Singh. 5. It will be useful to reproduce Section 270 (AA) of the Act, which reads as under : 270AA. (1) An assessee may make an application to the Assessing Officer to grant immunity from imposition of penalty under section 270A and initiation of proceedings under Section 276C or Section 276CC, if he fulfils the following conditions, namely:- (a) the tax and interest payable as per the order of assessment or reassessment under sub-section (3) of Section 143 or Section 147, as the case may be, has been paid within the period specified in such notice of demand; and (b) no appeal against the order referred to in clause (a) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Under Sub-Section 6 of Section 270 AA, no appeal under Section 246 (A) or an application for revision under Section 264 shall be admissible against the order of assessment or re-assessment referred to in Clause (a) of Sub-Section 1, in a case where an order under Sub-Section 4 has been made accepting the application. This only means that when an assessee makes an application under Sub-Section 1 of Section 270 AA and such an application has been accepted under Sub-Section 4 of Section 270 AA, the assessee cannot file an appeal under Section 246 (A) or an application for revision under Section 264 against the order of assessment or re-assessment passed under Sub-Section 3 of Section 143 or Section 147. This does not provide for any bar or p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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