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93 results for “capital gains”+ Section 46Aclear

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Key Topics

Addition to Income66Section 143(3)53Section 54F39Disallowance32Capital Gains30Deduction29Section 14827Section 153A19Section 13218TDS

COGNIZANT TECHNOLOGY SOLUTIONS INDIA PRIVATE LTD.,CHENNAI vs. ACIT, LARGE TAXPAYER UNIT-1, CHENNAI

ITA 269/CHNY/2022[2017-18]Status: DisposedITAT Chennai13 Sept 2023AY 2017-18

Bench: Shri Mahavir Singh, Hon’Ble & Shrimanjunatha.G, Hon’Bleआयकरअपीलसं./Ita No.269/Chny/2022 िनधा"रणवष"/Assessment Year: 2017-18 V. M/S.Cognizant Technology- The Asst. Commissioner- Solutions India Pvt. Ltd., Of Income Tax, 5/535, Okkiam, Thoriapakkam, Large Taxpayer Unit-1, Old Mahabalipuram Road, Chennai. Chennai-600 096. [Pan:Aaacd 3312 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Ajay Vohra, Sr.Counsel For Shri N.V. Balaji, Adv. ""यथ" क" ओर से /Respondent By : Shri R.Shankaranarayanan, Additional Solicitor – General Of India For Shri A.P.Srinivas, Sr. Standing Counsel : सुनवाईक"तारीख/Date Of Hearing 03.07.2023 घोषणाक"तारीख /Date Of Pronouncement : 13.09.2023

For Appellant: Shri Ajay Vohra, Sr.CounselFor Respondent: Shri R.Shankaranarayanan
Section 115Section 115QSection 2(22)Section 391Section 393Section 46ASection 77A

Showing 1–20 of 93 · Page 1 of 5

15
Short Term Capital Gains15
Reopening of Assessment14

capital gains in the hands of the shareholders under section 46A of the Act. 6. The learned CIT(A) has erred

M.KIRAN KUMAR,CHENNAI vs. ACIT CENTRAL CIRCLE-1(4), CHENNAI

In the result, appeal filed by the assessee is partly allowed

ITA 3374/CHNY/2019[2015-16]Status: DisposedITAT Chennai01 Mar 2021AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunatha

For Appellant: Shri G.Baskar, Advocate
Section 10(38)Section 133ASection 2(22)(e)

section 2(22)(e) of the Act. In this case, the concern in which assessee is a proprietor is engaged in the business of buying and selling goods and has continuous transactions with the assessee company in the normal course of business. Therefore, we are of the considered view that the case law relied upon by the ld.DR is distinguishable

INCOME TAX OFFICER- WARD-1/JAO, NAGERCOIL vs. ARULANANDHAM BER SYRIL ANTOW, NAGERCOIL

In the result the appeal filed by the Revenue is dismissed

ITA 2079/CHNY/2025[2015]Status: DisposedITAT Chennai02 Feb 2026

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

For Appellant: Shri. Bipin C.N., C.I.TFor Respondent: Shri. M.Ramesh Kumar, F.C.A
Section 143(1)Section 143(3)Section 144Section 147Section 2Section 2(14)Section 40

section 2 (14) of the IT Act the sale of impugned agricultural land, are allowed.” 5. Aggrieved by deletion of capital gains by the ld.CIT(A), the Revenue is in appeal before the us. 6. The ld.DR for the revenue assailing the action of the ld.CIT(A) submitted that the deletion of addition of long term capital gain is erroneous

ACIT NON CORPORATE CIRCLE 20(1), CHENNAI vs. PVP CINEMAS P. LTD., CHENNAI

In the result, appeal filed by the revenue is dismissed

ITA 1058/CHNY/2018[2009-10]Status: DisposedITAT Chennai16 Mar 2022AY 2009-10

Bench: Shri V.Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.No.1058/Chny/2018 ("नधा"रणवष" / Assessment Year: 2009-10) The Assistant Commissioner Of Income Vs M/S. Pvp Cinemas P.Ltd. Krm Centre, 9Th Floor, Tax Non-Corporate Circle-20(1) No.2,Harrington Road, Chennai-34. Chetpet , Chennai-600 031. Pan: Aaeca 8733H (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: 25.01.2022
Section 143(3)

46A of IT Rules,1962 when no independent enquiry or production of any document was sought by CIT(A) and on the contrary documents furnished by the assessee on his own including Xerox copy of the bills were accepted without any verification or remand. 3.4 The CIT(A) erred in accepting the claim of the assessee that M/s AGS properties

IL&FS TAMILNADU POWER COMPANY LTD,CHENNAI vs. DCIT CORP CIRCLE 1(1), CHENNAI

In the result, the appeal of the revenue is partly allowed for statistical purposes

ITA 1332/CHNY/2024[2018-19]Status: DisposedITAT Chennai25 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1332/Chny/2024, Assessment Years: 2018-19 आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Il & Fs Tamil Nadu Power Company Deputy Commissioner Of Income Limited, Tax, Old No.21, New No.2, Kpr Tower, Corporate Circle-1(1), 4Th Floor, Greams Road, Chennai S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Deputy Commissioner Of Income Il & Fs Tamil Nadu Power Company Tax, Limited, Corporate Circle-1(1), Old No.21, New No.2, Kpr Tower, Chennai 4Th Floor, Greams Road, S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri.Ashwin, Ca प्रत्यर्थी की ओर से /Revenue By : Shri Shivanand K Kalakeri, Cit सुनवाई की तारीख/Date Of Hearing : 26.03.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri.Ashwin, CAFor Respondent: Shri Shivanand K Kalakeri, CIT

capital account or on revenue account irrespective of whether it results in more tax or not. Consequently, the transaction entered by the assessee would fall in the nature of revenue receipt. We are therefore of the considered view that there is no case for any interference to the order of the Ld.CIT(A) at this stage. Accordingly, all the grounds

DEPUTY COMMISSIONER OF INCOME TAX, NUNGAMBAKKAM vs. SATHYABAMA RAMACHANDRAN , ALWARTHIRUNAGAR

The appeal of the revenue is dismissed

ITA 821/CHNY/2025[2017-18]Status: DisposedITAT Chennai23 Sept 2025AY 2017-18

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R. RAGHUNATHA (Accountant Member)

For Appellant: Shri A. Raghava Simhan, C.AFor Respondent: Ms. Gouthami Manivasam, JCIT
Section 147Section 148

46A considering that there was no compliance in course of the assessment proceedings and the said claims were being made for the first time before the Ld. CIT(A). 3. The Ld. CIT(A) failed to appreciate that "transfer" includes relinquishment or extinguishment of rights and therefore reduction in the assessee's share of profits in M/s CRCL LLP amounted

PREMA,CHENGALPATTU vs. ITO, NCW-22(1), TAMBARAM

In the result, appeal filed by the assessee in ITA

ITA 2321/CHNY/2024[2016-17]Status: DisposedITAT Chennai05 Mar 2025AY 2016-17

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr.S.P.Chidambaram
Section 139(1)Section 50C

section 50C of the Act] at Rs.9,08,95,000/-; and accordingly, the assessee’s share/interest in the immovable property, ought to be Rs.82,63,181/- (Rs.9,08,95,000/11); and since assessee didn’t offer it for taxation, the AO reopened the assessment for AY 2016-17 and framed assessment by computing Short Term Capital Gain (STCG) from

PREMA,CHENGALPATTU vs. ITO, NCQ-22(1), TAMBARAM

In the result, appeal filed by the assessee in ITA

ITA 2323/CHNY/2024[2016-17]Status: DisposedITAT Chennai05 Mar 2025AY 2016-17

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr.S.P.Chidambaram
Section 139(1)Section 50C

section 50C of the Act] at Rs.9,08,95,000/-; and accordingly, the assessee’s share/interest in the immovable property, ought to be Rs.82,63,181/- (Rs.9,08,95,000/11); and since assessee didn’t offer it for taxation, the AO reopened the assessment for AY 2016-17 and framed assessment by computing Short Term Capital Gain (STCG) from

PREMA,CHENGALPATTU vs. ITO, NCW-22(1), TAMBARAM

In the result, appeal filed by the assessee in ITA

ITA 2322/CHNY/2024[2016-17]Status: DisposedITAT Chennai05 Mar 2025AY 2016-17

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr.S.P.Chidambaram
Section 139(1)Section 50C

section 50C of the Act] at Rs.9,08,95,000/-; and accordingly, the assessee’s share/interest in the immovable property, ought to be Rs.82,63,181/- (Rs.9,08,95,000/11); and since assessee didn’t offer it for taxation, the AO reopened the assessment for AY 2016-17 and framed assessment by computing Short Term Capital Gain (STCG) from

PREMA,CHENGALPATTU vs. ITO, NCW-22(1), TAMBARAM

In the result, appeal filed by the assessee in ITA

ITA 2324/CHNY/2024[2016-17]Status: DisposedITAT Chennai05 Mar 2025AY 2016-17

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr.S.P.Chidambaram
Section 139(1)Section 50C

section 50C of the Act] at Rs.9,08,95,000/-; and accordingly, the assessee’s share/interest in the immovable property, ought to be Rs.82,63,181/- (Rs.9,08,95,000/11); and since assessee didn’t offer it for taxation, the AO reopened the assessment for AY 2016-17 and framed assessment by computing Short Term Capital Gain (STCG) from

LAKSHMINARAYAN GANESH,CHENNAI vs. ACIT, CHENNAI

In the result, the assessee’s appeal is allowed

ITA 333/CHNY/2017[2007-08]Status: DisposedITAT Chennai20 Jun 2017AY 2007-08

Bench: Shri George Mathan & Shri S. Jayaraman

For Respondent: Shri Narendra Kumar, JCIT
Section 143(3)Section 147Section 391Section 394Section 56(2)(vii)

capital gain was scrutinized by the AO in detail, it was accepted and assessed as such under the regular assessment. 3.3 Thereafter, the AR submitted that the Learned Assessing officer reopened the assessment on the basis that the impugned transaction of sale of shares of RML-Resulting co. was nothing but buyback of shares under section 46A

ACIT, CHENNAI vs. GOPINATH RAMAKRISHNAN, CHENNAI

In the result, both appeals filed by the Revenue are allowed for

ITA 292/CHNY/2017[2012-13]Status: DisposedITAT Chennai08 Mar 2023AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.292/Chny/2017 िनधा"रण वष" /Assessment Year: 2012-13 The Asst. Commissioner – V. Mr.Gopinath Ramakrishnan, Of Income Tax, D-309, Srishti Apartments, Non-Corporate Circle-15, 14, Sri Ramnagar, Chennai. First Cross, Thiruvanmiyur, Chennai-600 041. [Pan: Aadpg 9081 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.R.Vijayaraghavan, AdvFor Respondent: Mr.P.Sajit Kumar, JCIT
Section 254Section 54F

section 54F the assessee is entitled to claim exemption on the cost of a residential house either purchased within a period of one year before or two years after the date on which the transfer took place or has within period of three years after than constructed residential house"" The above exemption is available only in respect of one residential

ACIT, CHENNAI vs. MADHU PARASURAM, CHENNAI

In the result, both appeals filed by the Revenue are allowed for

ITA 293/CHNY/2017[2012-13]Status: DisposedITAT Chennai08 Mar 2023AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.292/Chny/2017 िनधा"रण वष" /Assessment Year: 2012-13 The Asst. Commissioner – V. Mr.Gopinath Ramakrishnan, Of Income Tax, D-309, Srishti Apartments, Non-Corporate Circle-15, 14, Sri Ramnagar, Chennai. First Cross, Thiruvanmiyur, Chennai-600 041. [Pan: Aadpg 9081 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.R.Vijayaraghavan, AdvFor Respondent: Mr.P.Sajit Kumar, JCIT
Section 254Section 54F

section 54F the assessee is entitled to claim exemption on the cost of a residential house either purchased within a period of one year before or two years after the date on which the transfer took place or has within period of three years after than constructed residential house"" The above exemption is available only in respect of one residential

DCIT, CHENNAI vs. B ALU JAYARAMAN, CHENNAI

In the result, the appeal filed by the Revenue is allowed for statistical purposes and the Cross Objection filed by the assessee is dismissed

ITA 2923/CHNY/2019[2016-17]Status: DisposedITAT Chennai08 Jun 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2923/Chny/2019 िनधा"रण वष"/Assessment Year: 2016-17 & C.O. No. 01/Chny/2022 [In I.T.A. No.2923/Chny/2019] The Deputy Commissioner Of Vs. Shri Balu Jayaraman, Income Tax, Corporate Circle 2(2), No. 8, Op Raman Street, Room No. 512, 5Th Floor, Wanaparthy Gandhi Nagar, Avadi, Block 121, M.G. Road, Chennai 600 054. Chennai – 600 034. [Pan: Aacpj8700C] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Sajit Kumar, Jcit Assessee By : Shri J. Prabhakar, F.C.A. सुनवाई की तारीख/ Date Of Hearing : 24.05.2022 घोषणा की तारीख /Date Of Pronouncement : 08.06.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Revenue & The Cross Objection Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai, Dated 11.07.2019 Relevant To The Assessment Year 2016-17. Besides, Challenging The Grounds On Merits, The Revenue Has Raised A Specific Ground That The Ld. Cit(A) Has Omitted To Call For Remand Report Under Rule 46A Of Income Tax Rules 1962, When The Assessee Furnished Details/Fresh Evidence In Support Of Its Claim

For Appellant: Shri J. Prabhakar, F.C.AFor Respondent: Shri Sajit Kumar, JCIT
Section 143(2)Section 143(3)

section 143(3) of the Act dated by assessing total income of the assessee at ₹.4,14,17,813/- after taxing short term capital gain of ₹.1,15,58,644/- and long term capital gain of ₹.2,28,34,135/- by rejecting assessee’s claim of exemption on sale of agricultural lands. On appeal, the ld. CIT(A) deleted both

DCIT NON CORPORATE CIRCLE 1, CHENNAI vs. MUTHU DANIEL RAJAN, CHENNAI

In the result, appeal filed by the Revenue in ITA No

ITA 1727/CHNY/2019[2013-14]Status: DisposedITAT Chennai31 Jan 2023AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.K.G.Raghunath, AdvFor Respondent: Mr.R.Bhoopathi, Addl.CIT
Section 143(3)Section 54F

Section 54F, and had denied the benefit of claim of exemption U/s 54F, amounting to a value of Rs 2,60,54,377/-. 3. The appellant had purchased a residential house at Besant Nagar in the Assessment Year of 2012-13; and to meet out the costs of purchase; had sold his lands at Kunnakkadu in this Assessment Year

DCIT NON CORPORATE CIRCLE 1, CHENNAI vs. MUTHU DANIEL RAJAN, CHENNAI

In the result, appeal filed by the Revenue in ITA No

ITA 1632/CHNY/2019[2014-15]Status: DisposedITAT Chennai31 Jan 2023AY 2014-15

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.K.G.Raghunath, AdvFor Respondent: Mr.R.Bhoopathi, Addl.CIT
Section 143(3)Section 54F

Section 54F, and had denied the benefit of claim of exemption U/s 54F, amounting to a value of Rs 2,60,54,377/-. 3. The appellant had purchased a residential house at Besant Nagar in the Assessment Year of 2012-13; and to meet out the costs of purchase; had sold his lands at Kunnakkadu in this Assessment Year

MUTHU DANIEL RAJAN,CHENNAI vs. CIT CORPORATE CIRCLE 1, CHENNAI

In the result, appeal filed by the Revenue in ITA No

ITA 1675/CHNY/2019[2013-14]Status: DisposedITAT Chennai31 Jan 2023AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.K.G.Raghunath, AdvFor Respondent: Mr.R.Bhoopathi, Addl.CIT
Section 143(3)Section 54F

Section 54F, and had denied the benefit of claim of exemption U/s 54F, amounting to a value of Rs 2,60,54,377/-. 3. The appellant had purchased a residential house at Besant Nagar in the Assessment Year of 2012-13; and to meet out the costs of purchase; had sold his lands at Kunnakkadu in this Assessment Year

MAILANCHIKKAL ABDUL MUNEEM,CHENNAI vs. ITO INTERNATIONAL TAXATION 1(2), CHENNAI

In the result, the appeals filed by the assessee in ITA

ITA 2627/CHNY/2017[2013-14]Status: DisposedITAT Chennai25 Apr 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 2627/Chny/2017 िनधा"रण वष" /Assessment Year: 2013-14 & धनकर अपील सं/ Wta Nos.: 61/Chny/2017 & 75/Chny/2018 िनधा"रण वष" /Assessment Years: 2009-10 & 2010-11 Shri Mailanchikkal Abdul The Income Tax Officer / Muneem, V. The Wealth Tax Officer, Ff-1, 48, Chander Plaza Arcot International Taxation Ward Road, Saligramam, 1(2), Chennai – 600 093. Chennai. Pan: Aalpm 4410F (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri Guru Bashyam, CIT
Section 143(3)Section 16(3)Section 2(14)Section 54F

gains tax, since agricultural land is not a capital asset under Section 2(14) of the Act. We are of the opinion that the question whether the land sold was agricultural or not was a fundamental issue and this claim ought not have been brushed aside by the ld. Commissioner of Income Tax (Appeals), citing Rule 46A

ACIT NON CORPORATE CIRCLE 20(1), CHENNAI vs. ALLU ARAVIND BABU, CHENNAI

In the result, the Revenue’s appeal is dismissed

ITA 2369/CHNY/2018[2012-13]Status: DisposedITAT Chennai19 Feb 2020AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Shri. AR V Sreenivasan, JCITFor Respondent: Shri. R. Vijayaraghavan Advocate
Section 40A(2)

46A of IT Rules, 1962 when no independent enquiry or production of any document was sought by CIT(A) and on the contrary documents furnished by the assessee were accepted without any verification or remand with regard to issue of capitalization of interest expenses 4. For these and other grounds that may be adduced at the time of hearing

ACIT, NCC - 11 (1),, CHENNAI vs. SHRI ANIL KUMAR SHANTICHAND MEHTA,, CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 302/CHNY/2020[2016-17]Status: DisposedITAT Chennai28 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri D. Anand, Advdocate
Section 10(37)Section 2(14)(iii)Section 34Section 45Section 57

46A. 8. For these grounds and the ones that may be adduced during appeal hearing, the order of the Ld. CIT(A) may be set aside and that of the Assessing officer restored. 2. Facts are, in brief, that the assessee has filed his return of income on 28.02.2017 for the assessment year 2016-17 admitting a total income