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TMI Blog2023 (5) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... ding on the Department. We find that on facts the Tribunal has granted relief in favour of the assessee. As appearing for the respondent points out that the PCIT in its order has relied upon a decision of Sunrise Academy of Medical Specialities (India) Pvt. Ltd. [ 2018 (5) TMI 1492 - KERALA HIGH COURT] but on a reading of the said order, we find that the said order supports the case of the assessee rather than the revenue. No substantial question of law - ITAT/186/2022 IA No: GA/2/2022 - - - Dated:- 18-11-2022 - THE HON BLE JUSTICE T.S. SIVAGNANAM AND THE HON BLE JUSTICE HIRANMAY BHATTACHARYYA For the Appellant. : Ms. Smita Das De, Adv. For the Respondent. : Mr. Asim Choudhury, Adv. Mr. Soham Sen, Adv.. ORDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is whether the assumption of jurisdiction by the Principal Commissioner of Income Tax under Section 263 of the Act was justified. The learned Tribunal has analysed the factual position and found that the case of the assessee was selected for limited scrutiny under CASS and the issue which the Commissioner sought to reopen namely, the issue of disallowance under Section 14A of the Act, read with Rule 8D in respect of the exempt income was not one of the issues which was selected for scrutiny. The learned Tribunal in paragraph 2 of its order has set out the three items which have been selected for scrutiny namely, i) Introduction of capital in NBFC/investment company; ii) large deduction claimed u/s. 57 of the Act; and iii) Mismatch of amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a limited scrutiny and as such the instruction issued by the CBDT is binding on the Department. Thus, we find that on facts the learned Tribunal has granted relief in favour of the assessee. The learned counsel appearing for the respondent points out that the PCIT in its order has relied upon a decision of the Learned Single Bench of the High Court of Kerala in the case of Sunrise Academy of Medical Specialities (India) Pvt. Ltd. vs. ITO Corporate Ward 2(1), Range-2, Kochi reported in WP(C) No.3485 of 2018 dated 22.05.2018. On a reading of the said order, we find that the said order supports the case of the assessee rather than the revenue. Thus, we find there is no question of law much less substantial question of law arising f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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