2025 (7) TMI 1736

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...., the "CIT(A)/NFAC"], Delhi's DIN and order no. ITBA/NFAC/S/250/2023-24/1060727888(1), dated 09.02.2024, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). Heard both the parties. Case files perused. 2. We notice at the outset that the assessee's cross objection herein C.O. No. 40/Del/2024 goes to the root of the matter since challenging validity of the impugned assessment itself framed by the learned assessing authority on 31st May, 2021. This is for the precise reason that the assessee's case was taken up for scrutiny on the twin issues of non-furnishing of quantitative details and "investments/advances/loans" whereas it ended up in adding an amount of Rs. 12,59,97,711/- as une....

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....th January, 2019. The assessee being aggrieved by the disallowed portion of the order passed by the CIT(A) preferred appeal before the Tribunal and in the appeal additional ground was raised contending that the action of the CIT(A) in confirming the action of the Assessing Officer in making additions in respect of issues not mentioned in limited scrutiny were beyond jurisdiction of the Assessing Officer as the scrutiny assessment was selected for limited scrutiny under Section 143(2) and not complete scrutiny. The Department objected to the additional ground which were raised by the appellant before the Tribunal. However, the learned Tribunal overruled the said objection holding that the issue is jurisdictional issue and can be raised by th....

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....order sheet was maintained very perfunctorily. Further, the CBDT has recorded that this gave rise to a very strong suspicion of mala fide intentions and the Officer concerned has been placed under suspension. Therefore, it was reiterated that the Assessing Officer should abide by the Instructions of CBDT while completing limited scrutiny assessment and should be scrupulous about maintenance of note sheets in assessment folders. Thus, considering these aspects, we are of the view that the learned Tribunal rightly allowed the assessee's appeal on the said issue. This Court had an occasion to consider a somewhat similar issue in the case of Principal Commissioner of Income Tax 1, Kolkata Vs. Sukhdham Infrastructures LLP, in ITAT No. 164....