2019 (2) TMI 1726

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....5/2016, dated 14-07-2016, hence assessment upheld by Ld.CIT(A) is illegal and without jurisdiction. 3. That appellant's case was selected through CASS for 'Limited Scrutiny', whereas, AO was not confined only to issues under 'Limited Scrutiny'. He made assessment beyond the issues for examination under 'Limited Scrutiny' without obtaining approval from higher authorities, as prescribed in Instruction No.5/2016, accordingly, assessment order passed by AO is illegal, arbitrary and without jurisdiction. 4. That Ld.AO without pointing out single defects in books of account and records of appellant and without rejecting the books of account, assessed the income of appellant under section 69 A of the ....

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....ormed to the assessee that the reason for selection of scrutiny was to examine as to whether cash deposit made by the assessee during demonetization period i.e. 9th November, 2016 to 30 December, 2016 was made from disclosed sources or not. In her reply, the assessee submitted that she was rendering tuitions to students from financial year 2013-14 to 2016-17. The Assessing Officer however observed that the assessee was not able to give evidence of the profession of the assessee. However, he took note of the returns filed by the assessee for the assessment year 2014-15, 2015-16 and 2016-17, which were filed on the same date i.e. 19/01/2017. The Assessing Officer therefore, assumed that since the assessee had filed the returns after declarati....

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....itted that during the year under consideration, the assessee had deposited only Rs. 20,000/-, which was also disclosed in the books of account of the assessee and was also declared in the balance sheet of the assessee and our attention was invited to page 34 of the paper book where copy of balance sheet was placed. Learned A. R. submitted that assessee has earned a gross receipt of Rs. 7,00,500/- out of which she had incurred some expenditure and had earned a net profit of Rs. 6,47,487/- and after reducing the deduction u/s 80C, she declared the net income at Rs. 5,67,490/- and my attention was invited to pages 30-32 of the paper book where copy of balance sheet, computation of income and copy of profit & loss account was placed. Learned A.....