2020 (12) TMI 608 - AT - Income Tax

Tribunal overturns CIT(A)'s order, limits power to enhance income beyond assessment scope.

The Tribunal allowed the Assessee's appeal, setting aside the CIT(A)'s order and deleting the addition in question. The Tribunal held that the CIT(A) ... CIT (A) power to enhance an income - HELD THAT:- CIT(A) cannot enhance the assessment on the matter which is not arising out of assessment proceedings. As in the case of the assessee, the Ld. CIT(A) has enhanced the income of the assessee on account of consultancy which has not been arisen out of the order of assessment in dispute. Therefore, the impugned order dated 28.06.2019 passed by the Ld. CIT(A) is illegal and invalid and beyond the powers of the Ld. CIT(A) and is thus liable to be cancelled. Accordingly, we cancel the same. - Appeal of the assessee is allowed. Issues:1. Challenge to impugned order on grounds of violation of natural justice and law.2. Disallowance of set off of carried forward losses and unabsorbed depreciation.3. CIT(A)'s power to go beyond matters arising from AO proceedings.4. Challenge to enhancement of addition under section 68.5. Disallowance of trading losses set off against addition under section 68.6. Request for consequential relief and legal claims.Issue 1:The appeal challenges the impugned order for violation of natural justice and law. The Assessee argues that the findings are against principles of natural justice and substantial justice, seeking a decision in accordance with the law.Issue 2:The Assessee contests the disallowance of set off of carried forward losses and unabsorbed depreciation under sections 72 and 32 respectively. The challenge is based on the assessment order for the preceding year.Issue 3:The Assessee questions the CIT(A)'s authority to exceed the matters arising from the AO proceedings. The Assessee argues that the CIT(A) cannot go beyond the issues raised during the assessment proceedings, citing relevant legal provisions.Issue 4:The challenge involves the enhancement of addition under section 68, treating deemed income of the Assessee as unexplained. The Assessee contends that the CIT(A) exceeded authority by enhancing income not addressed in the assessment order.Issue 5:Dispute arises from the disallowance of trading losses set off against the addition under section 68. The Assessee asserts that the CIT(A) erred in disallowing the set off, as the income had already been accounted for as consultancy portfolio income.Issue 6:The Assessee seeks consequential relief and legal claims arising from the appeal. The request includes additions, deletions, amendments, or modifications in the grounds of appeal in the interest of substantial justice.The Tribunal dismissed the Assessee's challenge on grounds 1 and 2, as they were not pressed during the hearing. Regarding the remaining issues, the Assessee argued that the CIT(A) exceeded authority by enhancing the income, citing relevant case laws. The Department, however, supported the CIT(A)'s order, asserting the CIT(A)'s power to enhance assessments. After reviewing the arguments and case laws presented, the Tribunal held that the CIT(A) cannot enhance assessments beyond matters arising from the assessment proceedings. The Tribunal found the CIT(A)'s actions invalid and cancelled the impugned order. The Tribunal's decision was supported by previous judgments emphasizing the limitations of the CIT(A)'s authority to enhance income. Consequently, the Tribunal allowed the Assessee's appeal, setting aside the CIT(A)'s order and deleting the addition in question. As the legal issue was decided in the Assessee's favor, further adjudication on other grounds was deemed unnecessary. Ultimately, the Assessee's appeal was partly allowed, and the decision was pronounced on 16.12.2020.