On Appeal the Tribunal held that the of dividend stripping u/s 94(7) was never considered by AO in course of assessment, CIT(A) had no jurisdiction to enhance the income qua the said issue. (AY. 2004-05 & 2005-2006)
Frick India Ltd. v. DCIT (2022) 216 TTJ 146 (Delhi)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-New issue which was not considered by AO during the course of assessment-Enhancement is not valid. [S. 94(7), 251(1)(a)]