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12. As per Ground No. 4, the issue raised is about addition of Rs. 673,97,716/- as Deemed Dividend u/s 2 (22) e of the I T Act. In course of hearing, it is submitted by the learned AR of the assessee that the assessee itself offered this income for tax but before the AO, the assessee requested to the AO to exclude it from taxable income but since, this request of the assessee was without filing valid revised return of income, the AO did not accept it by following the Judgment of Hon'ble apex court rendered in the case of Goetze (India) Ltd. Vs. CIT as reported in 284 ITR 323 and learned CIT (A) also followed the same judgment and upheld the assessment order on this issue without deciding the issue on merit. He submitted that this judgment does not impinge upon the powers of CIT (A) and tribunal to decide the claim on merit in respect of claim made by the assessee without filing revised return. He submitted that this issue should be restored to CIT (A) for a decision on merit. Learned DR of the revenue supported the orders of the lower authorities.