TaxTMI 
TaxTMI 
2021 (4) TMI 380
X X X X Extracts X X X X
X X X X Extracts X X X X
....t") relevant to the Assessment Year 2016-2017. 2. The assessee has raised the following grounds of appeal: 1. Whether, on facts and in circumstances of the case and in law, Ld. CIT(A) has erred in confirming addition of Rs. 90,000/- Further, appellant craves leave to add, amend, alter or withdraw all or any ground of appeal. 3. The assessee has also raised the additional ground of appeal vide letter dated 18/08/2020 which is reproduced as under: "Whether, on facts and circumstances of the case in law, Ld. AO has erred in making underlying addition without converting the limited" into "Complete Scrutiny"? 4. The learned AR for the assessee, at the outset, submitted that the additional ground raised by the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f law arising in assessment proceedings although not raised earlier. The view that the Tribunal is confined only to issues arising out of the appeal before the Commissioner (Appeals) takes too narrow a view of the powers of the Tribunal. Undoubtedly, the Tribunal will have the discretion to allow or not allow a new ground to be raised. But where the Tribunal is only required to consider a question of law arising from the facts which are on record in the assessment proceedings there is no reason why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee. In the instant case, therefore, the Tribunal had jurisdiction to ex....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lecting in the bank statement of the assessee. Accordingly, the AO treated the same as unexplained investment in absence of any explanation from the assessee and added to the total income of the assessee. 9. Aggrieved assessee preferred an appeal to the learned CIT(A). 10. The assessee before the learned CIT(A) submitted that payments, as shown in the ledger of the broker amounting to Rs. 4,59,771/- was made through the bank account of her husband namely Shri Anil Shantilal Mecwan who is employed with Uttar Gujarat Vij Co. Ltd. The assessee in support of her contention filed the Bank statement, Copy of Adhar, copy of ITR of her husband. 11. However, the learned CIT(A) found that there was a sum of Rs. 90,000 credited in the bank ac....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f which are available on pages 9-16 of the paper book. 15.1. The assessee was not under the obligation to justify the source of source in the given facts and circumstances. Had the revenue any doubt on the source of funds in the hands of the husband, the revenue could have proceeded against the husband of the assessee. In other words, the assessee was not answerable based on the documentary evidence about the source of money in the hands of the husband. 15.2. Furthermore, we note from the notice issued under section 143(2) that it was the case of the limited scrutiny for the following purpose: I. Whether the investment and income relating to securities transaction are duly disclosed. 15.3. From the above, the assessee was to jus....