Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
The ITAT held that the AO exceeded the limited scope of scrutiny authorized for examining cash deposits during demonetization without obtaining requisite PCIT approval, violating Instruction No.225/402/2018/ITA.II. The AO's addition under section 68 was quashed as the assessee provided a reconciliation of bank credits which the CIT(A) neither challenged nor disproved. The CIT(A) erred in confirming an addition based on discrepancies unrelated to the limited scrutiny parameters and failed to consider that cash deposits during demonetization were minimal. Consequently, the ITAT deleted the addition of Rs. 1,14,43,309/-, finding the AO's and CIT(A)'s orders unsustainable, and allowed the assessee's appeal.
The ITAT held that the AO exceeded the limited scope of scrutiny authorized for examining cash deposits during demonetization without obtaining requisite PCIT approval, violating Instruction No.225/402/2018/ITA.II. The AO's addition under section 68 was quashed as the assessee provided a reconciliation of bank credits which the CIT(A) neither challenged nor disproved. The CIT(A) erred in confirming an addition based on discrepancies unrelated to the limited scrutiny parameters and failed to consider that cash deposits during demonetization were minimal. Consequently, the ITAT deleted the addition of Rs. 1,14,43,309/-, finding the AO's and CIT(A)'s orders unsustainable, and allowed the assessee's appeal.
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