TMI Blog2021 (11) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016, i.e., during the course of the original assessment proceedings. Further, the AO s comments to the audit objection make it amply clear that the assessee s reply to his letter dated 22/2/2016 was accepted by the AO. The Revenue has not shown the said acceptance to be infirm, much less perverse, even as the course available in the former case would be a revision u/s. 263. It is also not the Revenue s case that the AO s opinion accepting the assessee s reply was perverse, i.e., a view no person properly instructed on facts and in law could take, as where the said reply is irrelevant or does not meet the letter dated 22/2/2016 by the AO. I am conscious, while so discussing, that there is no challenge to the notice u/s. 148(1) by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lpur ( CIT(A) for short) dated 11/9/2020, partly allowing the Assessee s appeal contesting his assessment under section 147 read with sec.144 of the Income Tax Act, 1961 ( the Act hereinafter) for the Assessment Year 2013-14 vide order dated 13/11/2019. 2. At the outset, confirmation was sought by the Bench from Sh. Srivastava, the ld. Counsel for the assessee, as to if the assessee had filed any Appeal or Cross Objection in respect of the impugned order, to which he replied in the negative, further clarifying that the same is being contested on merits, i.e., qua each of the Grounds of Appeal assumed by the Revenue, which are as under: (i) Whether on the facts and in the circumstances of the case, the ld. CIT(A) was justified in d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ., or (b) .., or (c) Where the Revenue Audit objection in the case has been accepted by the Department, or . Clearly, therefore, the audit objection by the Revenue Audit Party has to be accepted by the Revenue for its appeal to fall within the ambit of the exception stated at para 10(c) and, accordingly, be admissible. Toward this, Sh. Srivastava would draw my attention to the Audit Objection dated 12/4/2016 (APB pgs. 10- 12), beneath which itself the Assessing Officer (AO), i.e., ITO, Ward 1, Rewa, has, vide his response thereto dated 13/4/2016, stated that the audit objection is not acceptable as the assessee had explained the investment under reference, i.e., for ₹ 16.69 lacs, for which explanation was sought from him, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o referred to in the audit objection, the onus to show which (i.e., the said omission), would, again, be on the Revenue. The AO s comments to the audit objection, rather, clarify that to be not the case and put pays any claim that the Revenue may make in the matter. It could be argued, as indeed it was before me, that the very fact of the Revenue having issued notice u/s. 148 on 29/3/2019 is by itself a proof of it having accepted the audit objection and, thus, falling within the exception u/c. 10(c). The argument, impressive at first blush, is, however, facile and, in any case, not borne out by the record. The AO is categorical in his comments dated 13/4/2016 to the audit objection, making it abundantly clear that the same is unwarrante ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2016 was accepted by the AO. The Revenue has not shown the said acceptance to be infirm, much less perverse, even as the course available in the former case would be a revision u/s. 263. It is also not the Revenue s case that the AO s opinion accepting the assessee s reply was perverse, i.e., a view no person properly instructed on facts and in law could take, as where the said reply is irrelevant or does not meet the letter dated 22/2/2016 by the AO. I am conscious, while so discussing, that there is no challenge to the notice u/s. 148(1) by the assessee, which aspect, i.e., the validity of the reasons recorded u/s. 148(2) or of the assumption of jurisdiction u/s. 147, must, therefore, be regarded as having attained finality. The present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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