2025 (12) TMI 1516

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....nnection it is submitted that the addition has been made outside the issues for which the case was selected for limited scrutiny which is bad in law and therefore the entire addition is liable to be deleted. Therefore, the assessee is filing herewith an additional ground which goes to the root of the issue and no fresh investigation of facts is required. In view of the Judgment of the Hon'ble Supreme Court in the case of Jute Corporation of India reported in 187 ITR page 688 and National Thermal Power Corporation reported in 229 ITR 383 the additional ground may be admitted. It is requested to kindly admit the additional grounds which are enclosed herewith. Additional Ground : "For that the addition made outside the....

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....s duly replied by the assessee. Finally, the AO made an addition of Rs. 90,00,000/- u/s. 68 of the Act on account of unexplained cash credit in respect of share application money received by the assessee during the year under consideration and added the same to the total income of the assessee. In appeal, ld. CIT(A) confirmed the order of the AO. 5. After hearing the rival contentions of the parties and perusing the material available on record, we find that the limited scrutiny was selected for examination of share premium, however, we note that during the assessment proceedings the AO made the addition in respect of share application money received by the assessee. Therefore, the addition made by the AO is in violation of the scope of ....

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.... by the assessee is allowed. 6. With regard to ground No.1 of the appeal, the assessee has agitated that the statutory notice issued for scrutiny as well as order passed by the AO was without jurisdiction and therefore, the entire assessment is liable to be quashed. We note that in this case, the return of income has been declared by the assessee is only at Rs. 520/-. The notice u/s. 143(2) of the Act was issued by the ITO Ward-1, NALG, wherein the assessment was framed in this case by the ACIT, Circle-9(1), Kolkata. Therefore, the ACIT Circle-9(1), Kolkata framing the assessment dehors the issuance of notice u/s. 143(2) of the Act and, therefore, the assessment framed by the ACIT, Circle-9(1), Kolkata is without jurisdiction and nullity....