Naveen Arya , Delhi V. ACIT Circle-28(1), Delhi

ITA 584/DEL/2022

AI Insights

The case involves an appeal by Sh. Naveen Arya against the order of the CIT(A)-10, New Delhi, which upheld the AO's assessment order. The assessment was initially selected for limited scrutiny focusing on discrepancies in gross receipts and a large balance in a foreign bank account. However, the AO made additions related to disallowance of expenses, which were not covered under the reasons for selection for limited scrutiny. The Tribunal found that these actions were in contravention of CBDT circulars and lacked necessary approvals, leading to the allowance of the appeal and deletion of the disputed additions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116359 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 18-07-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 05-04-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Sh. C. M. Garg, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 584/Del/2022 : Asstt. Year: 2016-17 Sh. Naveen Arya, D-944, New Friends Colony, New Delhi-110065 Vs. ACIT, Circle-28(1), New Delhi (APPELLANT) (RESPONDENT) PAN No. ADRPA9337J Assessee by : Ms. Nivedita, Adv. Revenue by : Ms. Smita Singh, Sr. DR Date of Hearing: 19.07.2023 Date of Pronouncement: 31.07.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of ld. CIT(A)-10, New Delhi dated 14.06.2019. 2. The assessee has raised the following grounds of appeal: “1. That On the facts and circumstances of the case, the order passed by the Ld. CIT(A) under section 250 of the Act is bad both in the eyes of law and on facts. 2. That On the facts and circumstances of the case, the order passed by the Ld. CIT(A) under section. 250 of the Act is bad both in the eyes of law and on facts as the assessment order was passed on issues not covered under the reasons for selection for Limited Scrutiny and is therefore in contravention of the circular issued by the CBDT. 3. That the Ld. CIT(A) has erred on facts and in law in upholding the order passed by the Ld. AO under Section 143(3) of the Act. ITA No. 584/Del/2022 Sh. Naveen Arya 2 4. That the Ld. CIT(A) has erred on facts and in law in sustaining the disallowance expenses made by the Ld. Assessing Officer to the tune of Rs. 11,44,075/- incurred by the appellant as interest income. 5. That the Ld. CIT(A) has erred on facts and in law in enhancing the income assessed by the Ld. AO under Section 143(3) of the Act, to the tune of Rs.4,25,570/-. 6. On the facts and circumstances of the case, Ld. CIT(A) has erred, both on facts and in law, in sustaining the additions without appreciating the explanations and evidences brought on record by the appellant. 7. That the impugned CIT(A) order is arbitrary, illegal, bad in law and in violation of rudimentary principles of contemporary jurisprudence.” 3. Apropos, the relevant facts of the appeal are that the return was selected for limited scrutiny for the following issues: 1. Gross receipts shown in Schedule OS of ITR is less than receipts reported in 26AS u/s 193 and 194A. 2. Large balance in foreign bank account (Schedule FA of ITR) 4. We find that the addition has been made on account of disallowance of expenses which is beyond the purview of limited scrutiny. There was no approval of the ld. PCIT on record or on order to convert the case of limited scrutiny to complete scrutiny as required by the directions of the CBDT and hence, the addition made by the AO is directed to be deleted. ITA No. 584/Del/2022 Sh. Naveen Arya 3 5. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 31/07/2023. Sd/- Sd/- (C. M. Garg) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 31/07/2023 *Ajay Kumar Keot, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR