2026 (8) TMI 1344

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....e : Shri Annavaram Kosuri (SR AR) ORDER PER BIJYANANDA PRUSETH, AM: This appeal filed by the assessee emanates from the order passed under section 250 of the Income-tax Act, 1961 (in short, 'Act') by the Commissioner of Income Tax, Appeal, ADDL/JCIT (A)-3, Bengaluru [in short, 'CIT(A)'], dated 31.12.2025 for the assessment year (AY) 2011-12. 2. The grounds of appeal raised by the asses....

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.... year, whereas the financial statements and return of income filed by the appellant clearly reflect the sale of all the assets, and thus short-term capital loss has been rightly computed by the appellant in accordance with the provisions of Section 50 of Income-tax Act, 1961." 3. Facts of the case, in brief, are that the assessee filed return of income for the AY 2011-12 on 30.07.2011 declaring....

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....al before the Tribunal. The Ld. AR, at the outset, submitted that the disallowance of short-term capital loss was suo-motto adjudicated by the CIT(A) despite the fact that such issues does not even arise out of assessment proceedings. No specific grounds were raised before CIT(A) vide Form 35. Moreover, even after deciding to suo-motto adjudicate a fresh matter, no opportunity of being heard was g....

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....r of enhancement by the CIT(A) in respect of a new sources of income has attracted judicial attention in a number of cases. Section 251(1)(a) of the Act grants the CIT(A) statutory power of enhancement in an appeal against an order of assessment. As held by the Hon'ble Supreme Court in case of CIT v. Kanpur Coal Syndicate, 53 ITR 225 (SC), the scope of CIT(A) power is co-terminus with that of AO. ....