GRR Holdings v. Dy.CIT (2024) 231 TTJ 249 / 38 NYPTTJ 991 (Hyd) (Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Revision-Revision order is set aside by the Tribunal-Issue subject matter of consideration or examination by a higher authority in the rank of hierarchy, the lower authority in the rank or the authority exercising equal powers cannot sit in judgment over the order passed by the higher authorities-The powers exercised by the CIT(A) under s. 251(1) to enhance the assessment towards consideration paid for purchase of property in the hands of the assessee is beyond the scope of the powers of the CIT(A)-Investment in purchase of property-Capital contribution by partners-Addition is deleted. [S.69, 153A, 251(1), 263]

Tribunal held that Principal CIT revised the assessment order passed by the AO under s. 144 r/w s. 153A by exercising powers conferred under s. 263 and set aside the assessment order passed by the AO with a direction to reconsider the issue of additions made towards the consideration paid for purchase of property under s. 69. On appeal by the assessee, the Tribunal set aside the order passed by the Principal CIT. Therefore, the powers exercised by the CIT(A) under s. 251(1) to enhance the assessment towards consideration paid for purchase of property in the hands of the assessee is beyond the scope of the powers of the CIT(A). Tribunal also held that investment in purchase of property from the capital contribution by partners.  Addition is deleted.  (AY. 2014-15, 2015-16, 2017-18)

Leave a Reply

Your email address will not be published. Required fields are marked *

*