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2021 (2) TMI 223 - AT - Income TaxReopening of assessment u/s 147 - treating the donations received as “anonymous donations” and made the addition thereof u/s.115BBC which however was not forming a part of reasons recorded for issuance of notice u/s.147/148 - HELD THAT:- The Hon’ble Jurisdictional High Court in the case of Commissioner of Income Tax-5, Mumbai Vs. Jet Airways (I) Ltd.[2010 (4) TMI 431 - HIGH COURT OF BOMBAY] has held that in such event, the Assessing Officer exceeds his jurisdiction and he has to assess or reassess in respect of that subject matter only which formed the subject matter to the reasons for which the notice u/s.147/148 was issued. It is definitely open to the Assessing Officer to assess or reassess any other income which he has reason to believe has escaped assessment but for that purpose, he has to issue separate notice to the assessee u/s.148 of the Act. In present scenario, when specific subject matter reasons recorded and notice issued u/s.147/148 of the Act was with respect to under utilization of income of the assessee for which there has been no addition made, but the Assessing Officer has made addition entirely on the different subject matter which was not comprising in that notice itself, in such scenario, the Assessing Officer has acted beyond his jurisdiction. Therefore, we do not find any reason to interfere with the findings of the Ld. CIT(Appeals) which is thereby upheld. - Decided against revenue.
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