Mylan Laboratories Ltd. v. DCIT (2020) 180 ITD 558/187 DTR 259/ 204 TTJ 426 (Hyd) (Trib.)

S. 251 : Appeal – Commissioner (Appeals) – Powers – Enhancement – CIT (A) cannot enhance a new source of income to tax which was not considered by assessee. [ S.68, 147, 251(2), 263 ]

Assessee-company had amalgamated with a company by way of acquisition/purchase . Assessee made payment of certain amount towards repayment of loans and liabilities of acquired/amalgamated company . Return filed by assessee was accepted and an assessment order was passed. CIT (A) invoked provisions of S.  251(2) on ground that amount used for repayment of loans and liabilities of acquired company was unexplained creditors in books of account and brought same to tax under S.  68 .  Tribunal held that  the AO did not examine allowability of sum paid to settle loans and liabilities of acquired company, in fact, AO  has accepted said payment. Accordingly if CIT (A ) was of opinion that AO ought  to have verified genuineness of repayment of loans/advances of acquired company by assessee, option available were under S. 147 or under S. 263, but, CIT (A) could not have embarked on bringing a new source of income to tax which was not considered by assessee.  Accordingly the addition made by CIT (A) is held to be unjustified .  (AY. 2014 -15)