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TMI Blog2025 (5) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... totally erroneous stand taken by the A.O. in making additions of Rs. 66,02,464/- to the Appellant's Income for which there are no basis mentioned in the Assessment Order. 4. Ld. CIT(A) has upheld additions without considering the Appellant's explanation to the A.O by his Letters dated 03.03.2022 & 24.03.2022. 5. Appellant has received only Rs. 19,45,213/- as refund of amount against booking of Flat with Orbit Constructions on which the Orbit Construction has erroneously deducted the TDS of Rs. 2,86,870/- 6. Appellant humbly submits that the amounts paid by him along with his wife Pratibha Mokashi and son Aditya Mokashi jointly and therefore the amounts refunded constitutes only one-third of Rs. 19,45,213/-." 3. Brief facts of the case are that assessee did not file his return of income u/s.139. From the AIMS information available on the system, ld. Assessing Officer noted that assessee had entered into certain financial transactions during the year whereby total income under the Act exceeds the maximum amount which is not chargeable to income tax in view of the Assessing Officer. Details of transactions are tabulated below: INFO CODE INFORMATION DESCRIPTION N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utter disregard of the provisions of law as contained in section 250 and 251 adjudicated on the matter. To remind such officers entrusted with responsible role of adjudicating first appeal, provisions contained in Section 250 and 251 are discussed below. 3.3 The Act provides for the powers of Commissioner (Appeal) u/s. 251 which adequately deals with the powers in disposing of the appeal by the Ld. CIT(A). The section is reproduced as under: "Powers of the Commissioner (Appeals) 251. (1) In disposing off an appeal, the Commissioner (Appeals), shall have the following powers: (a) in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment; or (aa) in an appeal against the order of assessment in respect of which the proceeding before the Settlement Commission abates under section 245HA, he may, after taking into consideration all the material and other information produced by the assessee before, or the results of the inquiry held or evidence recorded by, the Settlement Commission, in the course of the proceeding before it and such other material as may be brought on his record, confirm, reduce, enhance or annul the assessment; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals)]. (5) The 8Deputy Commissioner (Appeals)] 9or, as the case may be, the Commissioner (Appeals)] may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the 10Deputy Commissioner (Appeals)] 11or, as the case may be, the Commissioner (Appeals)] is satisfied that the omission of that ground from the form of appeal was not wilful or unreasonable. (6) The order of the 12Deputy Commissioner (Appeals)] 13or, as the case may be, the Commissioner (Appeals)] disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reason for the decision. (7) On the disposal of the appeal, the 14Deputy Commissioner (Appeals)] 15or, as the case may be, the Commissioner (Appeals)] shall communicate the order passed by him to the assessee and to the 16Chief Commissioner or Commissioner]. 3.5. Principles governing the exercise of powers by the First Appellate Authority are contemplated under sections 250 and 251 of the Act, breach of which has far reaching consequences on the administration of justice culminating in the litigant approaching the higher a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I got my flat till date." 4.1. Despite these details on record, ld. CIT(A) did not bother to take cognisance of the same. There is no whisper of anything on the submissions made by the assessee either before him or in the course of assessment proceedings. Even before the ld. Assessing Officer assessee has made two submissions as already stated above which ld. Assessing Officer himself has acknowledged in the assessment order. From the perusal of the first submission dated 03.03.2022, it is noted that assessee has given a detailed note on nature of his professional activities of practicing law. He has also furnished complete set of accounts comprising of computation of income, balance sheet and profit and loss account as well as explained details of interest income and other income reflected in Form 26AS. In the balance sheet of the assessee, he has duly reported the advance paid to Orbit Construction for purchase of flat amounting to Rs. 3,23,94,000/- and reduced it by the amount returned by the builder during the year of Rs. 19,45,213/-, In the second reply dated 24.03.2022, assessee again explained in detail about the credits appearing in Form 26AS and reconciled the income re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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