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Income Tax - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Scope of limited scrutiny - In the present case, the day on ...


Assessing Officer's Conversion of Limited to Full Scrutiny Without Proper Jurisdiction Deemed Illegal by CBDT Instructions.

December 29, 2020

Case Laws     Income Tax     AT

Scope of limited scrutiny - In the present case, the day on which case was converted into full scrutiny i.e. on 21.12.2016 the ld. AO on the very next day passed the order of assessment by making the addition which were beyond the scope of limited scrutiny. - Further looking at the earlier notices, u/s 142(1), it is apparent that AO started making roving enquiries on the issue which was not the subject matter of limited scrutiny. He even framed draft assessment order and then sought approval of Pr CIT for conversion in to Full scrutiny from Limited scrutiny. Non-adherence to CBDT instruction which are binding on the AO makes the order of the ld. AO illegal and without jurisdiction . - AT

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