9911796707
TMI Blog2022 (9) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... 43 (3) of the act dated 7/11/2019 is erroneous so far as prejudicial to the interest of revenue. 02. The assessee is aggrieved with that order raising following grounds of appeal. "1. That the order passed by the Hon'ble Principal Commissioner of Income Tax - 6, Mumbai (hereinafter referred to as "PCIT") under section 263 of the Income Tax Act 1961 ("the Act") dated 30.03.2022 is bad in law and on facts. 2. That the action of the Hon'ble PCIT in assuming jurisdiction under section 263 of the Act and holding that the order passed by the Assistant Commissioner of Income Tax, Circle 14(3)(1), Mumbai (hereinafter referred to as "the AO") under section 143(3) dated 07.11.2019 is erroneous in so far as prejudicial to the interest of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PCIT has erred in law in holding that order passed by the Ld. AO is in ignorance of the provisions of the Act. 4. That the Hon'ble PCIT has erred in law in invoking clause (a) of Explanation 2 to section 263 of the Act for passing the revisionary order. 5. That the Hon'ble PCIT has erred in holding that the provisions of section 23 are attracted in the case of the appellant without appreciating the submissions of the appellant that the said property is used by the appellant as self-occupied. 6. That the assumption of jurisdiction by the Hon'ble PCIT in the instant case being without satisfaction of pre-requisite twin conditions of the law, Le, Assessment Order being erroneous as well as prejudicial to the interest of reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ricultural lands were shown . Based on these details the AO noted that assessee has not offered rental income in respect of three properties. The AO issued show cause notice why these three properties should not be treated as deemed let out properties and income should not be taxed under the head income from house property. The assessee submitted that two properties are under construction and therefore no rent was received. However, there is one more property located at Goa and assessee submitted that it is taken as a holiday home which was used by him and his family members during vacation. The ld AO while finalizing the assessment order did not make any addition with respect to that. Therefore, notice u/s 263 of the act was issued on 3/3/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned assessing officer holding it to be erroneous and prejudicial to the interest of the revenue per order dated 30/3/2022. 08. Assessee is aggrieved with that and has preferred this appeal. The learned authorised representative submitted a factual paper book containing 49 pages as well as submitted a case law compilation containing 76 pages and CBDT circular dated 28/11/2018 showing that what is the scope of enquiry in limited scrutiny cases selected Under CASS method. The argument of the learned authorised representative is that order of the learned assessing officer cannot be held to be erroneous so far as prejudicial to the interest of the revenue stating that the enquiries have not been made or addition has not been made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition to the learned assessing officer with respect to the income chargeable to tax under the head income from house property. It is apparent that the learned assessing officer has exceeded his jurisdiction by asking several details, which were not part of the issues of limited scrutiny assessment. That is altogether a different issue that the AO collected information beyond his powers, but based on such information, which has been collected by the learned assessing officer, the learned PCIT could not have stated that addition with respect to the income from house property has not been charged by the learned AO, though it was not part of the limited scrutiny issue, therefore, the order of the assessment is erroneous in so far as prejudicia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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