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TMI Blog2022 (10) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee to challenge the order of the Assessing Officer by following consolidated appeal whereby the assessee can challenge the assessment order and the rectification order then the assessee cannot be non-suited merely because he had only challenged the orders u/s 154. Though the AO had only made an addition to the returned income of the assessee as against the cash deposit during the demonetization period, however, still the assessee chooses to challenge the meagre addition on the above said technical ground, we are of the opinion that the order of the learned CIT(A) is required to be quashed, and the case is remanded back to the file of the AO with a direction to pass the order on merit after treating the appeal of the assessee as an appeal challenging the order u/s 143(3) r.w.s. 154. Needless to say, while exercising power, the learned CIT(A) may use all his powers vested under the Act, including the power to enhance / reduce / confirm the order passed by the Assessing Officer. - ITA No.200/Hyd/2022 - - - Dated:- 21-10-2022 - Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member For the Assessee : Shri C.P.Ramaswami, Advocate For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to amend or modify the above grounds of appeal either before or at the time of hearing of the appeal, if it is considered necessary . 2. Facts of the case, in brief, are that the assessee firm engaged in the business of sale of pure gold and gold ornaments. It filed a return of income for A.Y. 2018-19 through e-filing acknowledgement No. 32769105108 018 on 08.10.2018 declaring total income of Rs.57,23,200/-. The case was selected for scrutiny through computer aided scrutiny selection system. Accordingly, notice u/s 143(2) was issued to the assessee on 22.09.2019 which was duly served upon the assessee through email. 3. The case was selected for Scrutiny through CASS for examining the issue i.e. High risk transactions (PAN reported in STR) . perusal of STR on the system showing that the assessee made huge credit of Rs. 312,84,71,392/- including a cash deposit of Rs.66,68,25,000/- during the year. Further, a note for Assessing Officer is also available on the system, which is reproduced as under: M/s Vonama.a Jagadishwaraiah is maintaining account with Patny Centre Branch Secunderabad since 25.06. 2016. The account was opened by submitting the copy of PAN Card No.AAEF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,23,200/- and thus made the additional taxable income at Rs.3,69,52,780/-. The assessee filed a rectification application on 28.10.2021 immediately after receiving the order to which the Assessing Officer passed the rectification order and assessed the total income of the assessee at Rs.3,69,52,780/- instead of Rs.36,95,27,799/-. 6. Still being aggrieved, the assessee filed an appeal before the learned CIT (A) and the learned CIT (A) dismissed the appeal filed by the assessee by observing as under: 6. Decision: In the instant case, the assessment was completed u/s 143{3) r.w.s i44B by rejecting the books of accounts of the appellant and thereby i 43 estimating the income of the appellant at 0.53% of the turnover, resulting in business income of Rs.3,69,527,799/-, which was the assessed income. It is pertinent to mention here that the appellant did not file any appeal against the order u/s 143(3) r.w.s. 144B dated 01.06.2021. In the said order u/s 143(3) r.w.s. 144B, there was a typographical error in the total assessed income wherein the total income was mentioned as Rs.3,69,527,799/- instead of Rs.3,69,52,779/-. The appellant filed a rectification petition and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 154. It was the contention of the learned DR that a separate part of limitation is also provided under the Act for challenging the order before the learned CIT (A). In the instant case, the assessee had only challenged the order passed by the Assessing Officer u/s 154 as discernible from Form 35 (Col.2) where the date of order has been mentioned as 01.11.2021. It was submitted that the order passed by the learned CIT (A) was correct as he found no discrepancy or error in the order passed by the Assessing Officer u/s 154. It was the contention of the learned DR that the learned CIT (A) is not supposed to decide the issue or order which has not been agitated before him, and therefore, the reasons for passing the order are in accordance with law. 9. We have considered the rival contentions of the parties and perused the material on record. Admittedly, in the present case, the assessee received copy of the assessment order on 28.10.2021 and thereafter, on the very same day, the assessee filed a rectification application before the Assessing Officer, and the rectification order was passed on 01.11.2021. Immediately after receipt of the order dt.01.11.2021, the assessee filed an appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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