9911796707
TMI Blog2022 (3) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... crutiny - once the AO does not have power to go beyond the issues on which he has taken up case for scrutiny, then obviously, PCIT cannot term the assessment order passed by the AO as erroneous, insofar as it is prejudicial to the interests of revenue on issues other than the issue taken up by the Assessing Officer in scrutiny assessment proceedings. In this case, on perusal of materials available on record, we find that the learned PCIT has revised assessment order on the issues other than the issue considered by the AO in assessment proceedings - PCIT has exceeded her jurisdiction in examining issues other than the issues which is subject matter of limited scrutiny assessment proceedings before the AO. Hence, we are of the considered view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d determined total income of ₹ 6,56,968/- by making additions towards cash deposits made into savings bank account maintained with Federal Bank at ₹ 3,17,348/-. The said case has been subsequently taken up for revision proceedings u/s.263 of the Income Tax Act, 1961 and consequently, show-cause notice dated 07.02.2019 was issued and served on the assessee and called upon to explain as to why the assessment order passed by the Assessing Officer u/s.143(3) dated 09.12.2016 shall not be revised. The learned PCIT proposed to revise the assessment order passed by the Assessing Officer on two grounds. As per the learned PCIT, the assessee has not offered any rental income from house property which he was purchased on 10.06.2013 and fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f revenue and thus, set aside the assessment order and direct the Assessing Officer to redo assessment de novo in accordance with law. Aggrieved by the learned PCIT order, the assessee is in appeal before us. 4. The learned A.R for the assessee submitted that the learned PCIT has erred in revision of assessment order u/s.263 of the Act, without appreciating fact that when the Assessing Officer does not have any power to go beyond the issues on which assessment has been taken up for scrutiny, the PCIT cannot examine those issues and revise the assessment order u/s.263 of the Income Tax Act, 1961. 5. The learned DR, on the other hand, supporting order of the learned PCIT submitted that the learned PCIT has brought out clear facts to the eff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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