The
present appeal was filed by the assesse against the order dated 13.09.2022
passed by the National Faceless Appeal Centre (NFAC), Delhi, for Assessment
Year 2015-16. The assesse had originally filed its return of income declaring a
total income of ₹52,72,810, and the case was selected for limited scrutiny.
During
the course of assessment proceedings, the Assessing Officer examined issues
beyond the scope of limited scrutiny and proceeded to treat rental income as
business income, made disallowance under Section 14A read with Rule 8D, and
completed the assessment under Section 143(3) of the Income-tax Act, 1961.
The
assesse challenged the assessment on multiple grounds, primarily contending
that the limited scrutiny assessment was unlawfully converted into complete
scrutiny without obtaining the mandatory approval of the competent authority,
as required under CBDT Instruction No. 20/2015 dated 29.12.2015.
It
was further submitted that such unauthorized expansion of scope rendered the
entire assessment proceedings invalid and void ab initio. In support of this
contention, reliance was placed on departmental correspondence confirming that no
approval for conversion from limited scrutiny to complete scrutiny was
available on record.
The
Department fairly conceded this factual position before the Tribunal.
After
carefully considering the submissions of both parties and examining the record,
the Tribunal observed that compliance with CBDT instructions is mandatory and
binding on the Assessing Officer. Since the conversion of limited scrutiny into
complete scrutiny was undertaken without the requisite approval, the
resultant assessment order was held to be bad in law.
Accordingly,
the Income Tax Appellate Tribunal, Lucknow Bench, quashed the assessment
order in its entirety, without adjudicating the issues on merits, and
allowed the appeal of the assesse.
This
decision reinforces the settled legal position that any assessment made
beyond the approved scope of limited scrutiny, without statutory authorization,
cannot be sustained in law
Source Link- https://itat.gov.in/public/files/upload/1767595505-8pVKQS-1-TO.pdf
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