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2020 (12) TMI 300 - ITAT JAIPURRevision u/s 263 by CIT - Addition u/s 68 - HELD THAT:- Main source of income of the assessee was from Services/Commission in respect of RTO services to transporters and in the bank accounts, there are various debit entries in terms of payments in relation to such services which can be duly explained and therefore whole cash deposit cannot be assessed as undisclosed income, we direct the AO to verify such debit entries and consider the explanation of the assessee as may be submitted besides the credit entries in the bank accounts, and taking into consideration the income already disclosed in the return of income, arrive at the taxable income afresh as per law after providing reasonable opportunity to the assessee. Accordingly, the order so passed by the ld Pr CIT is modified to this extent. Appeal has been preferred against the assessment order before the ld CIT(A) and therefore, the matter is beyond the jurisdiction of the ld Pr CIT u/s 263 - Though there is no dispute that the assessee has preferred an appeal before the ld CIT(A), however, such an appeal has been delayed filed and there is nothing on record that the delay has been condoned and the appeal has been admitted for adjudication and in such a situation, it cannot be held that mere filing an appeal where such appeal has not even been admitted for adjudication act as an estoppel in exercise of jurisdiction by the Pr. CIT u/s 263 of the Act. In any case, the ld AR has stated at the Bar that the assessee didn’t wish to press ground no. 3 relating to clause (c) to explanation 1 to section 263 where it has been clearly spelt out that powers of the Pr CIT shall extend and shall be deemed always to have extended to such matters as had not been considered and decided in an appeal. In the instant case, where the appeal has not even been admitted for adjudication by the ld CIT(A), the question of subject matter of appeal been considered and decided in such appeal doesn’t arise and therefore, the doctrine of merger of the assessment order with that of the appellate order doesn’t arise for consideration and thus, in the instant case, there is no bar on exercise of jurisdiction of ld. Pr CIT u/s 263
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