2022 (11) TMI 718 - AT - Income Tax
Reopening of assessment u/s 147 - addition in respect of an altogether new issue - whether the AO is entitled to make addition on the basis of a new issue, when he has not made any addition on the issues for which the assessment was reopened? - HELD THAT:- In the instant case, the AO has not made any addition on the issues for which the assessment was reopened. However, he has made addition of an item, which was not stated in the reasons for reopening. Hence, under these set of facts, the AO could not have made the addition of interest income received on income tax refund as per the ratio of the decision rendered in Jet Airways Ltd [2010 (4) TMI 431 - HIGH COURT OF BOMBAY]. Accordingly, we direct the AO to delete the addition so made. The order passed by Ld CIT(A) on this issue stands set aside - Appeal filed by the assessee is allowed.