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2020 (11) TMI 772 - AT - Income TaxLimited scrutiny V/S complete scrutiny - assessment order passed under section 143(3) - Scope of limited scrutiny - no prior approval and the permission of the PCIT before conversion of scrutiny - disallowance made under section 14A - HELD THAT:- The case of the assessee was selected for limitedprior approval and the permission of the PCIT scrutiny through CASS - no administrative approval from the competent authority was obtained by the AO for converting the case of the assessee from “limited scrutiny” into “complete scrutiny” case. We find that instruction no. 5 of 2016 dated 14.07.2016 issued by CBDT has inter alia laid down the procedure which is required to be followed by the AO to consider the case which are originally earmarked for “limited scrutiny” to “complete scrutiny” and also requires the administrative approval from PCIT / CIT. Before us Revenue has neither pointed out any distinguishing features in the facts of the present case and that of Urban Improvement Cooperative Bank Limited [2020 (4) TMI 531 - ITAT DELHI] nor has placed any material on record to demonstrate that the order of the Tribunal in the case of Urban Improvement Cooperative Pvt. Ltd., (supra) has been set aside/ stayed/ overruled by higher judicial forum. We therefore, following the aforesaid decision of the Coordinate Bench in the case of Urban Improvement Co-operative Pvt. Ltd. (supra) and for similar reasons hold that the impugned assessment order passed by the AO under section 143(3) to be null and void - Decided in favour of assessee.
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