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| The Tax Publishers2019 TaxPub(DT) 8127 (Jp-Trib) : (2020) 206 TTJ 0203 INCOME TAX ACT, 1961
Section 154
As evident, assessment was taken up by AO under CASS for limited scrutiny on the issue of deduction claimed by assessee under section 54 and AO neither in assessment order nor in assessment proceedings sheet had mentioned about any proposal of converting limited scrutiny to comprehensive scrutiny and consequential approval of Competent Authority being Pr.CIT/DIT. Accordingly, issue which was taken up by AO in the proceedings under section 154 was illegal and void being beyond his jurisdiction to frame the limited scrutiny assessment.
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Rectification - Order passed under section 154 - Invocation of jurisdiction under section 154 as regards issue which was beyond the scope of limited scrutiny -
AO in the proceedings under section 154 made addition on the issue of long-term capital gain. Assessee challenged this on the ground that AO grossly erred in referring the matter to DVO under section 55A and made addition on the issue of long-term capital gain which was beyond the scope of limited scrutiny assessment. Held: As evident, assessment was taken up by AO CASS for limited scrutiny on the issue of deduction claimed by assessee under section 54 and AO neither in assessment order nor in assessment proceedings sheet had mentioned about any proposal of converting limited scrutiny to comprehensive scrutiny and consequential approval of Competent Authority being Pr.CIT/DIT. Accordingly, issue which was taken up by AO in the proceedings under section 154 was illegal and void being beyond his jurisdiction to frame the limited scrutiny assessment.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
INCOME TAX ACT, 1961
Section 154
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