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TMI Blog2019 (1) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... rrect income has to be assessed and there is no bar for not entertaining the claim/issue raised by the assessee in limited scrutiny proceedings, if the same has been raised by the assessee, we clarify that according to the CBDT Instruction No. 7 of 2017 certainly there is bar on the jurisdiction of the Assessing Officer to go beyond the subjected issue(s) under limited scrutiny cases, however, he is not restrained to adjudicate the issue(s) raised by the assessee. Hence, in view of the above, the case is remanded to the file of the Assessing Officer to adjudicate the claim of the assessee - Appeal filed by the assessee is allowed for statistical purpose. - I. T. A. No. 766/Amritsar/2017 - - - Dated:- 29-11-2018 - Sanjay Arora Accountant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee that in the return the assessee has shown a long-term capital gain of ₹ 6,58,423 on sale of land for ₹ 9 lakhs. The assessee had originally purchased a piece of land for ₹ 1,15,000 in July, 2002 and that land was exchanged with the present piece of land with an assessed value of ₹ 5,35,000 as determined by the Sub-Registrar, Hoshiarpur, vide exchange deed dated December 2, 2009. In the return of income, the assessee had computed the long-term capital gain with the date of purchase as July 1, 2002 and the cost of acquisition at ₹ 1,15,000. Hence, during the assessment proceedings, the assessee filed a claim that the long-term capital gain may be recomputed by substituting the cost of acquisition at &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order passed by the authorities below preferred the instant appeal and in support of its case submitted that the observation of the Assessing Officer to the effect that the case being converted to the limited scrutiny case in the ITD/STT system this office had no jurisdiction to discuss and pass an order on the issues not covered within the reasons for scrutiny, is not logical because there is no bar to take up and decide the issue(s) raised by the assessee. 6. On the contrary, the learned Departmental representative relied upon the order passed by the authorities below. 7. We have heard the rival parties at length and perused the material on record. In response to the query on the long-term capital gain of ₹ 6,58,423 discl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer can over reach his jurisdiction in the case of limited scrutiny cases as it was argued by the learned counsel for the assessee that no doubt according to the Circular of CBDT No. 7 of 2017 the scope of enquiry should be limited to verification of respective particulars only and the Assessing Officer shall issue the questionnaire and can make subsequent enquiry or verification only to the specific points on the basis of which the particular return has been selected for scrutiny, however, there is no bar to scrutinise the case on the request or claim of the assessee as the Assessing Officer has to make correct assessment as it is trite to say that the Assessing Officer has to make correct assessment under section 143(3) an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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