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2016 (4) TMI 419 - AT - Income TaxDeemed dividend u/s 2(22)(e) - revision u/s 263 - Held that:- We are of the considered view that Ld. CIT(A) have made these addition u/s 2(22)(e) and 56(2)(vi) of the I.T. Act, 1961 under different heads which has not been discussed / adjudicated by the AO in the assessment order which is not sustainable in the eyes of law. The AO has not considered any of these issues pertaining to these sections. In our view Ld. CIT(A) did not have any jurisdiction to make any such additions on the issues which were never considered by the Assessing Officer in the assessment order. Although the powers of the CIT(A) are co-terminus with the powers of the AO, yet the Ld. CIT(A) has jurisdiction only on those issues which have been considered by the AO irrespective of the fact that whether the issue is subject matter of the Appeal or not. The Ld. CIT(A) does not have any jurisdiction over those issues which have not been considered by the AO. This may be subject matter of revision u/s. 263 of the I.T. Act or reassessment u/s. 148 of the I.T. Act. If the Ld. CIT(A) tries to examine those issues which have not been considered by the AO, then the provisions of section 147 as well as section 263 of the I.T. Act will become redundant and the condition for their operation will be nullified. Thus we hold that Ld. CIT(A) did not have any jurisdiction to make such additions on the issues which were never considered by the AO as has been done in the present case. - Decided in favour of assessee Addition on a/c of insufficient withdrawals for household expenses - Held that:- No doubt the appellant is living jointly with his parents and, therefore, withdrawal of all the members of the family living together have to be considered while estimating house hold expenditure. In the capital account of the appellant as on 31.3.2008 drawings of ₹ 2,92,77,983/- have been shown. This fact has been ignored by the AO and also not highlighted in the submission filed on behalf of the appellant. With such large drawings, the question of any addition on account of low house hold expenses does not arise. - Decided in favour of assessee
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