SHRI VISHAL SETHI,RAIPUR vs. INCOME TAX OFFICER WARD-2(3), JABALPUR

ITA 57/JAB/2019Status: DisposedITAT Jabalpur07 September 2020AY 2014-158 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the AO's scope of enquiry in a limited scrutiny case is restricted to the specific issues for which the case was selected. The PCIT could not direct the AO to examine issues beyond the original scope of limited scrutiny.

What were the facts?

The assessee's return was selected for limited scrutiny under CASS to verify the sale consideration of a property. The Principal Commissioner (PCIT) initiated revision proceedings, directing the Assessing Officer (AO) to examine other aspects of capital gains computation, such as cost of construction and indexation.

What were the issues?

Whether the PCIT's revisionary power under Section 263 can extend to directing the AO to examine issues beyond the specific scope of a limited scrutiny assessment selected under CASS.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 143(2),Section 45,Section 48,Section 50C,Section 119

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR

Before: SHRI NRS GANESAN & SHRI SANJAY ARORA

For Appellant: Shri R.B. Doshi, FCA
For Respondent: Shri Abhay Kr. Singh, CIT-DR
Hearing: 14/08/2020Pronounced: 07/09/2020

Per Sanjay Arora, AM: This is an Appeal by the Assessee agitating the Order under section 263 of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 27.02.2019 by the Principal Commissioner of Income Tax-2, Jabalpur (‘Pr. CIT’ for short) qua his assessment u/s. 143(3) for assessment year 2014-15 vide order dated 6.10.2016. 2. At the outset, it was observed by the Bench that the instant appeal is time barred by limitation. In view of the assessee’s application dated 22/6/2019, filed along with the appeal memo on 28/6/2019, which was fairly not objected to by Vishal Sethi v

The order continues below.

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