Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (7) TMI 825 - AT - Income TaxAddition u/s 56(2)(vii) v/s 69 unexplained investment - HELD THAT:- DR fails to dispute the clinching fact that the impugned addition u/s 56(2)(vii) never formed subject matter of assessee’s grounds in the lower appellate proceedings nor any such issue had arisen in the assessment order. This tribunal’s co-ordinate bench’s decision in Bikram Singh [2016 (4) TMI 822 - ITAT DELHI] CIT(A) was not empower to enhance an income on an issue which was not the subject matter of the assessment. CIT(A) cannot touch upon an issue which does not arise from the order of the assessment and was outside the scope of the order of the assessment. Thus direct the Assessing Officer to delete the impugned addition. Assessee’s appeal is allowed.
|