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TMI Blog2020 (9) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the ld. CIT-DR, we condone the delay of 55 days in presenting this appeal before the Tribunal. 3.1 The assessee's case is that the impugned order is bad in law inasmuch as the it travels beyond the scope of enquiry for which the assessee's return of income for relevant year, filed on 6.9.2014, was selected for verification by the issue of notice u/s. 143(2) (PB pg. 27), i.e., as a limited scrutiny case through Computer Aided Scrutiny Selection (CASS). The same was only for verification of the sale consideration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the following decisions: (i) Akash Ganga Promoters and Developers vs. Pr. CIT (ITA No. 164/Ctk/2019, dated 18.12.2019) (ii) Sanjeev Kr. Khenka vs. Pr.CIT (ITA No.1361/Kol/2016, dated 2.6.2017) (iii) Su-Raj Diamond Dealers P. Ltd. vs. Pr. CIT (ITA No. 3098/Mum/2019, dated 27.11.2019). 3.2 The ld. CIT-DR would, on the other hand, submit that the whole purport of an enquiry into the sale consideration of an immovable property is the correct determination of the capital gains arising on the transfer thereof. Section 45 creates a charge to tax on any profits or gains arising on the transfer of a capital asset by an assessee during the previous year. Section 48 provides for the computation of this capital gain, and is, thus, integral t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S-2014, while what would apply in the assessee's case is CASS-2015 as the notice u/s. 143(2) stand issued on 29.8.2015. Para 3 of the Instruction No.20/2015, which relates to CASS-2015, was also gone through during hearing. On a query by the Bench, Sh. Doshi would though admit that the sale consideration as assessed (Rs. 147.50 lacs) was short of the consideration u/s.50C (AIR), i.e., Rs. 147.66 lacs, and to that extent, also directed for correction by the ld. PCIT per the impugned order, he had no grievance, though would add that the same could also have been made by way of a rectification u/s.154. 4. We have heard the parties and have perused the material on record. 4.1 Admittedly, the sale consideration adopted in assessment is short b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder CASS: The said instruction is applicable where the case is selected for scrutiny under CASS only on the parameter(s) of AIR/CIB/26AS data. If a case has been selected under CASS for any other reason(s) parameter(s) besides the AIR/CIB/26AS data then the said instruction would not apply. iii. Scope of enquiry: Specific issue based enquiry is to be conducted only in those scrutiny cases which have been selected on the parameter(s) of AIR/CIB/26AS data. In such cases, the Assessing Officer, shall also confine the Questionnaire only to the specific issues pertaining to AIR/CIB/26AS data. Wider scrutiny in these cases can only be conducted as per the guidelines and procedures stated in instruction No. 7/2014. iv. Reason for selection: I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iny case under CASS-2015 is to be, as for CASS-2014 cases, confined to the reasons/issues for which the case has been taken up for scrutiny (para 3(b)). The enquiry, therefore, is to be issue-based, and only specific issues pertaining to the AIR/CIB/26AS data could be enquired into. Further, this limitation, as it appears, shall not apply where a return is selected for assessment, though under CASS, but not with reference to AIR/CIB/26AS data, even as the selection in the instant case is, without doubt, based on AIR data. The various returns, as the Annual Information Report (AIR), TDS returns, etc., are fed into the computer along with the related parameters, viz. mismatch in the stated sale consideration of an immovable property and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upward adjustment of the sale consideration by Rs. 0.16 lacs, i.e., to Rs. 147.66 lacs, conceded to before us, uphold the assessee's claim. A clarification, though, may be in order here. The computer does not formulate or enumerate the issues arising, but only throws up the areas, based on defined parameters, for being examined in a limited scrutiny assessment. The said formulation would require consideration of the relevant facts; related aspects; explanation/s furnished, etc., and due application of mind by the assessing authority. It was, thus, fully open for the AO in the present case to have considered and, upon so, reject the assessee's claim of commission on the sale of property, stated at Rs. 4.60 lacs, deducted from the sale consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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