MURLI DHAR UPADHYAY,JAIPUR vs. ITO WARD 6(3), JPR, JAIPUR
What did the Tribunal hold?
The Tribunal held that the AO exceeded his jurisdiction by making additions beyond the scope of limited scrutiny for cash deposits. The additions were quashed for want of valid assumption of jurisdiction.
What were the facts?
The assessee, a milk distributor, filed his return and his case was selected for scrutiny under CASS for cash deposits during demonetization. The Assessing Officer (AO) made additions for disallowance under Section 40A(3) and lump-sum expenses, exceeding the scope of limited scrutiny.
What were the issues?
Whether the Assessing Officer exceeded the scope of limited scrutiny by making additions unrelated to the original reason for selection of the case. Whether the assessment proceedings were vitiated due to violation of principles of natural justice and lack of proper show cause notice.
Which sections of the Income-tax Act were involved?
Section 40A(3),Section 143(2),Section 142(1),Section 250(4),Section 250(6),Section 246A
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Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- Smt. Harshila Chordia v. ITO187 citing298 ITR 349 · 2008 · HC
- Anupam Tele Services v. ITO124 citing366 ITR 122 · 2014 · HC · Read judgment
Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 252/JPR/2025
PER DR. S. SEETHALAKSHMI, J.M. The assessee has filed this appeal challenging the impugned order dated 25.09.2024, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [ld. CIT(A)], for the assessment year 2017-18. 2. The assessee has raised following grounds:–
“1. The assessee is a distributer of Milk of Saras Dairy, Jaipur, Bhilwara and Chittorgarh Dairy. Filed Income T
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More judgments on Section 40A(3)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Infra Developers, Shivpuri vs Income Tax Officer, AshoknagarITA 454/AGR/2026[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Saiyed Zaharul Alam, Murshidabad vs I.T.O., Ward - 42(1), MurshidabadITA 2233/KOL/2026[2013-2014]Status: Disposed16 Oct 2026AY 2013-2014
- M/S Sadana Electric Store, Lucknow vs DCIT Range-6, LucknowITA 283/LKW/2024[2014-15]Status: Disposed30 Sept 2026AY 2014-15
- Nagendra Prasad, Patna vs ITO Ward -5(3) Patna, Dak BanglowITA 362/PAT/2026[2016-17]Status: Disposed29 Sept 2026AY 2016-17
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