Limited scrutiny

Others 557 views 6 replies

An assessee was served a notice for limited scrutiny for mismatch of turnover compared with 26AS. The reasons were explained to the satisfaction of AO.

However AO then asked for tally backup and added Rs 450000/- due to peak negative cash on a particular day and passed the assessment order (The order does not mention whether he is satisfied with the original issue). He now wants to levy penalty. 

As per instruction no 20/2015 of CBDT, in case of limited scrutiny the scope of enquiry should be restricted to 'Limited scrutiny' issues.

Is it correct on part of AO to make such addition?

Replies (6)

yes he can if rocards mismatch

No the AO should limit the enquiry only to specific issue. You may file appeal against the order on this very ground that AO has exceeded his jurisdiction.

Thanks a lot

YOU CAN FILE APPEAL ON THE GROUND THAT THE AO HAS MADE ADDITIONS BEYOND THE LIMITED SCRUTINY CRITERIA AND THUS VIOLATED THE CIRCULAR ISSUED BY CBDT

The whole assessment order will be rendered void in appeal since AO exceeded the jurisdiction. So file appeal asap. After filing of appeal file petition to AO to kjeep the penalty proceedings in abeyance pending disposal of appeal

Agree with Above


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