Gurbachan Kaur (Smt.) (Late) v. Dy CIT (2020)77 ITR 474 / 192 DTR 217/ 206 TTJ 203(Jaipur) (Trib.)

S. 154 : Rectification of mistake–Limited scrutiny-Fair market value of property-Reference to departmental valuation officer-Not obtaining the approval of competent authority–Rectification proceedings is held to be invalid. [S. 143(1)]

Tribunal held that if the AO had taken up the issue of determining the fair market value of the property as on April 1, 1981 without converting the limited scrutiny into comprehensive scrutiny by taking the prior approval of the competent authority the order passed by him would be a nullity and beyond his jurisdiction. Neither in the assessment order nor in the assessment proceedings sheet had he mentioned any proposal of converting the limited scrutiny to comprehensive scrutiny and consequential approval of the competent authority. The certified copy of the assessment proceedings sheet did not contain any such proposal of the AO for expanding the limited scrutiny to complete scrutiny. Further, the Department had not produced anything to show that the AO had obtained the necessary approval from the competent authority for conversion of the limited scrutiny to comprehensive scrutiny. Accordingly, the issue which was taken up by the AO in  the proceedings under S.  154 was illegal and void being beyond his jurisdiction to frame the limited scrutiny assessment. (AY. 2014-15)