2022 (3) TMI 1233

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.... Commissioner of Income Tax (PCIT) is bad, illegal and lacks jurisdiction. 2. The learned P.C.I.T has simply followed the Audit objection raised without application of her mind. 3. The learned PCIT has only substituted her opinion and mind in that of the learned A.O. 4. The learned PCIT failed to hold the assessment as erroneous and hence prejudicial to the interests of revenue. 5. The learned PCIT failed to note that the assessment was a limited scrutiny one and there was no error in not considering any other point." 3. Brief facts of the case are that the assessee has filed his return of income for the assessment year 2014-15 on 23.12.2014 admitting total income of Rs. 3,39,620/-. The case was select....

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....er while completing assessment has examined the issue of large cash deposits as per mandate of limited scrutiny and has passed order by making certain additions towards unexplained cash deposits found in bank account. Since, the Assessing Officer does not have power to go beyond the scope of limited scrutiny to verify other issues, the PCIT cannot term the assessment order passed by the Assessing Officer as erroneous and prejudicial to the interests of revenue on other issues which was not subject matter of limited scrutiny assessment proceedings u/s.143(3) of the Act. Therefore, the assessee submitted that proposed revision of assessment order is invalid. The learned PCIT, after considering relevant submissions of the assessee and also tak....

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....d the Assessing Officer has completed assessment after verifying cash deposits in savings bank account and has made additions, when the assessee was unable to explain source for part of cash deposits. It is an admitted position of law that in limited scrutiny assessments, scope of verification is limited to the issues mentioned in the notice issued under CASS system. The Assessing Officer cannot travel beyond the issues on which assessment has been taken up for scrutiny. Therefore, once the Assessing Officer does not have power to go beyond the issues on which he has taken up case for scrutiny, then obviously, the learned PCIT cannot term the assessment order passed by the Assessing Officer as erroneous, insofar as it is prejudicial to the ....