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CIT(A) cannot exercise enhancement power on issue not dealt by AO
Case Law Details
- Case Name
- Edelweiss Asset Management Ltd. Vs ACIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Mumbai
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Edelweiss Asset Management Ltd. Vs ACIT (ITAT Mumbai)
ITAT Mumbai held that CIT(A) cannot exercise the power to enhance u/s. 251(1) where AO has not dealt with the issue and has not applied his mind on the taxability or non-taxability of a specific matter. Accordingly, exercise such power by CIT(A) will be beyond his jurisdiction.
Facts- The assessee is a limited company engaged in the business of investment managing services to mutual funds. The assessee for the AY 2017-18 filed the return of income declaring a loss of Rs. 8,64,09,139/- under the normal provisions of the Income Tax and a loss...




