Section 154 of Income Tax Act, 1961— This appeal by the assessee is directed against the order passed U/s 154 of the act.

The assessee has questioned the validity of the assessment of long term capital gain on the point that the assessment was taken up by the A.O. in CASS for limited scrutiny on the issue of deduction claimed by the assessee U/s 54 of the Act, large amount of sale consideration of the property reported in the return of income but less than the sale considered reported in the TDS return U/s 194IA of the Act and cash deposit in the savings bank account of the assessee, therefore, the issue of fair market value of the property as on 01/04/1981 was not within the scope of limited scrutiny which cannot be expanded without prior approval of the appropriate authority. Further the scope of the limited scrutiny cannot be expanded while passing the order U/s 154 of the Act when the said issue was not within the scope of scrutiny assessment.

Held that— Thus, if the A.O. has taken up the issue of determining fair market value of the property in question as on 01/4/1981 without converting the limited scrutiny to comprehensive scrutiny by taking the prior approval of the competent authority then the said order passed by the A.O. will be nullity as beyond his jurisdiction.[LATE SMT. GURBACHAN KAUR, THROUGH L/H SHRI DILPREET SINGH NARANG VERSUS DY. COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR.] [2019] 20 ITCD Online (6) [ITAT JAIPUR]