TMI Blog2022 (8) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... sue was there. Hence, we are of the view that this issue now cannot be examined while proceeding u/s.263 of the Act making revision to the assessment order. Hence, the scrutiny assessment is only for a limited issue, that was a claim of deduction u/s.54 of the Act which has been accepted by the Assessing Officer and even in the order giving effect to the order of the Principal Commissioner of Income Tax u/s.263 of the Act, the Assessing Officer has accepted the stand of the Assessee. Hence, according to us, the revision order on this issue is just academic and nothing more. Rental income under the head income from house property - As regards to the second issue which was never before the Assessing Officer during the course of the orig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 37 days and Assessee has filed a condonation petition supported by an affidavit. The order of the PCIT revising the assessment u/s.263 of the Act was received by the Assessee on 06.03.2020 and that the appeal was supposed to be filed on or before 04.05.2020 but the appeal was actually filed on 01.02.2022. It seems that the period falling under limitation is during the outbreak of Covid-19 pandemic. Hence, the Hon ble Bench took into cognizance the Order of the Hon ble Supreme Court the Suo Moto WP 03/2020 dated 20.03.2020 while considering the condonation of delay. It is a fact that Covid-19 pandemic was prevalent during the period and in term of the directions issued by the Hon ble Supreme Court in Miscellaneous Application No.21/2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act. 5. Subsequently, the Principal Commissioner of Income Tax issued a show-cause notice for the reason that the Assessee s claim of Rs.26,85,902/- towards the cost of improvement is not supported by any material evidences and also that the rental admitted by the Assessee at Rs.60,000/- under the head income from house property was prima facie on the lower side, keeping in view the locality and the properties let out which would fetch more rental income than admitted. Accordingly, a show-cause notice dated 14.02.2020 was issued. 6. The Assessee did not reply before the Principal Commissioner of Income Tax and the PCIT directed the Assessing Officer to frame the reassessment after verification of the facts as discussed above and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. 10. We have gone through the original assessment order and the show-cause notice issued u/s.143(2) of the Act by the Department on 18.09.2017 and noted that the limited scrutiny was for the purpose of examining the claim of deduction from the capital gains and no other issue was there. Hence, we are of the view that this issue now cannot be examined while proceeding u/s.263 of the Act making revision to the assessment order. Hence, the scrutiny assessment is only for a limited issue, that was a claim of deduction u/s.54 of the Act which has been accepted by the Assessing Officer and even in the order giving effect to the order of the Principal Commissioner of Income Tax u/s.263 of the Act, the Assessing Officer has accepted the stan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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