TMI Blog2022 (6) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... . That being a matter subsequent, i.e., to be determined after due inquiry and verification, is however not relevant. There is also, as the competent authority states, income from these two properties arising to the assessee, indicating it to be her properties and in her control and possession. The addition u/s. 50C (in assessment) is a matter distinct and apart from the application of s. 54F, and in any case was the subject matter of appellate proceedings. It is the enquiry during assessment and not that in the appellate proceedings, much less de hors the record, that is relevant. The Hon ble Delhi High Court in Gee Vee Enterprises [ 1974 (10) TMI 29 - DELHI HIGH COURT] held, inter alia, that the income tax officer is not only an adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delayed by a period of 263 days. The condonation petition, filed along with the appeal, refers to a (unspecified) decision by the Apex Court dated 10/1/2022 whereby, as stated therein, a relaxation is provided from limitation under all general and special laws up to 28/2/2022. We find the same to be in MA No. 21 of 2022 (in Suo Motu WP (C) No. 03/2020 / copy on record), whereby, per para 5, the Hon ble Court has directed exclusion of the period (from 15/3/2020 to 28/2/2022) for the purpose of reckoning limitation under any law. The delay is accordingly condoned. 3. The facts of the case are that the assessee filed her return for the relevant year on 21-09-2015 at an income of Rs. 3,28,700/-, which was selected for scrutiny under CASS, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same was withdrawn for settlement of the dispute under the DTVSV Scheme. The assessee filed declaration under DTVSV Scheme 2020 for the disputed tax as assessed. 7. The ld. Pr. CIT, vide the impugned order u/s. 263, set aside the assessment order, observing certain deficiencies in the assessment and directed the AO to carry out necessary enquiry and pass a speaking order after giving adequate opportunity of being heard to the assessee. The ld. Pr. CIT observed that the AO had failed to make enquiries as well as apply his mind and proper application of law. According to him, the assessment was erroneous and prejudicial qua the issue of allowability of deduction under section 54F. 8. Aggrieved with the order passed by the ld. Pr. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... determined after due inquiry and verification, is however not relevant. There is also, as the competent authority states, income from these two properties arising to the assessee, indicating it to be her properties and in her control and possession. The addition u/s. 50C (in assessment) is a matter distinct and apart from the application of s. 54F, and in any case was the subject matter of appellate proceedings. 12. It is the enquiry during assessment and not that in the appellate proceedings, much less de hors the record, that is relevant. The Hon ble Delhi High Court in Gee Vee Enterprises v. Addl. CIT [1975] 99 ITR 375 (Del) held, inter alia, that the income tax officer is not only an adjudicator but also an investigator. He cannot r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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