TMI Blog2017 (7) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... any other question or an issue, which is not in dispute and which is not the subject matter of the dispute in appeal. Tribunal travelled beyond the scope of the appeal in making the addition of the said income under Section 69-A of the Act. It may be worth noting that the Tribunal has recorded a categorical finding that "it is clear that under the provisions of Section 68, the addition made by the Assessing Officer and sustained by the CIT (Appeals) cannot be sustained, meaning thereby that the Tribunal was of the opinion that the Assessing Officer and the CIT (Appeals) committed an error in adding the aforesaid amount in the income of the appellant-assessee under Section 68 of the Act. When the said income cannot be added under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted capital of ₹ 12,20,000/- in the relevant assessment year 2001-02. The assessment of the said year 2001-02 was completed and proceedings for re-assessment were initiated under Section 148 and a notice was given to the petitioner to explain the source of the above capital as inducted in the partnership. In reply to the said notice, petitioner submitted that he had received a gift of ₹ 5,00,000/- from one Sri Manish Kumar Kapoor and ₹ 7,20,000/- from one Smt. Zakkan Begum. The gifts were received through banking channel. In order to prove the aforesaid gift transactions, gift deeds were also produced before the authorities. The statement of the two doners were also recorded under Section 131 of the Act and they pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that before the Assessing Officer as well as CIT (Appeals) and the Tribunal, the dispute was as regarding the addition of the amount alleged to have been received in gift by the appellant-assessee under Section 68 of the Act and nothing else. The relevant sub-section (1) of Section 254 of the Act reads as under :- 254. Orders of Appellate Tribunal. 254 (1). The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (Emphasis supplied). A plain reading of the aforesaid Section reveals that the Appellate Tribunal has power to pass such orders thereon as it thinks fit. The use of the word thereon is important and it reflects t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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