M/S Luxmi Builders, Chandigarh vs Dcit, Chandigarh on 16 May, 2024
Further,
reliance is placed upon the decision of Hon'ble Allahabad High Court in the
case of SD Traders vs CIT, Income tax Appeal no. 159/2016 delivered on 3.9.2019
where it was held that the CIT (A) has power of enhancement u/s 251 of the Act
to consider new source of income which was not dealt by the AO in the
assessment order. It is further, mentioned here that power of the CIT (A) are co-
terminus with the AO and it has been held by Hon'ble Supreme Court in the
case of Kanpur Coal Syndicate 53 ITR 225 that the Appellate Assistant
Commissioner has, therefore, plenary powers in disposing of an appeal, the
scope of his power is conterminous with that of the income-tax Officer and he
can do what the Income-tax Officer can do and also direct him to do what her
has failed to do so. In view of these facts, it is held that there is no merit in the
submission of the assessee firm filed in response to show cause notice issued to
the assessee firm (supra) u/s 25 I of the Act.