TaxTMI 
TaxTMI 
2024 (12) TMI 1798
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....IT(A) erred both in law and on facts of the case in allowing relief to the assessee. 2. The ld. CIT(A) erred in deleting the addition made of Rs.6.49 crores towards commercial space allocation without appreciating the fact that the assessee has not offered this entire amount as income even though during the appellate proceedings has taken a stand that it has declared the entire receipts as income for the AY 2017-18. 3. The Id.CIT(A) is factually incorrect in holding that the assessee has declared the entire receipts as income for the AY 2017-18 when the assessee has not offered this entire income. 4. The ld. CIT(A) failed to appreciate the fact that the assessee himself had declared in the statement u/s. 132(4) of....
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....nstruction"). The Assessing Officer completed the assessment u/s.143(3) of the Act on 28.12.2018 determining the total income at Rs.14,96,11,778/-. Aggrieved by the order of Ld. AO, the assessee filed appeal before the Learned Commissioner of Income Tax (Appeals) ("Ld. CIT(A)"), The Ld. CIT(A) gave complete relief to the assessee. Aggrieved by the order of Ld. CIT(A), the Revenue is in appeal before us against the deletion of Rs.6.49 Crores which was one of the additions made by the Ld. AO. 4. At the outset, with the permission of the bench, the Learned Authorised Representative ("Ld. AR") made his submission in pursuance of Rule 27 of Income Tax (Appellate Tribunal) Rules, 1963. The Ld. AR made his submission on technical issue as well ....
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....r kind information that the return of income for Assessment Year 2016-17 filed vide ack. No.505091241161016 on 16/10/2016 has been selected for Scrutiny on the basis of parameter at Para 1(ii) of the Manual Compulsory Guidelines of CBDT issued vide Instruction No.5/2017 dated 07.07.2017." Reproduction of CBDT Instruction "Instruction No....5.../2017 Government of India Ministry of Finance Department of Revenue (CBDT) North-Block, New Delhi the 7th of July, 2017 To All Pr. Chief-Commissioners of Income-tax/Chief Commissioners of Income-tax All Pr. Directors-General of Income-tax/Directors-General of Income-tax. Sir/Madam Subject: Guidelines for selection of cases for scrutiny during....
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....ts from disclosure made during the survey such cases will not be covered by this exclusion." On going through the above document, it is evidently clear that as per para no.1 of the notice issued u/s.143(2) of the Act, the said notice has been issued on the basis of parameter prescribed in para 1(ii) of the CBDT instruction which lays down the criteria for compulsory manual selection of scrutiny of returns / cases pertaining to survey u/s.133A of the Act. We have also gone through the order of Ld. AO and Ld. CIT(A) where the revenue authorities have not brought any facts on record that any survey operation has been conducted in the case of the assessee. Therefore, in our considered opinion, as there was no survey u/s. 133A of the Act in t....