MANOJ SINGHVI,JODHPUR vs. DCIT, CENTRAL CIRCLD-1, JODHPUR

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ITA 390/JODH/2017Status: DisposedITAT Jodhpur16 August 2023AY 2006-075 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the assessee had indeed claimed the deduction for interest on the house loan in the original return of income. Therefore, the addition made by the AO and confirmed by the CIT(A) was incorrect.

What were the facts?

A search was conducted on the assessee's premises, leading to an assessment under section 153A. The AO disallowed interest paid on a house loan, stating it was not claimed in the original return and the loan was not utilized. The CIT(A) confirmed this addition.

What were the issues?

Whether the addition made under section 153A was justified when the deduction was claimed in the original return. The scope of additions in a search assessment when no incriminating material is found.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 254,Section 250,Section 24(b),Section 139(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, JODHPUR

For Appellant: Shri Rajendra Jain, Adv
For Respondent: Smt. Alka Rajvanshi Jain
Hearing: 10.08.2023Pronounced: 17.08.2023

IN THE INCOME TAX APPELLATE TRIBUNAL “DB” BENCH, JODHPUR BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER (A.Y: 2006-07) Shri Manoj Singhvi Vs. DCIT, CC-2 Rajendra Jain, Adv Jodhpur, 106, Akshay Deep Rajasthan. Complex, 5th B Road, Sardarpura, Jodhpur-342001, Rajasthan, PAN/GIR No. : AKIPS3854Q Appellant .. Respondent Assessee by : Shri Rajendra Jain, Adv Revenue by : Smt. Alka Rajvanshi Jain, CIT-DR Date of Hearing 10.08.2023 Date of Pronouncement 17.08.2023 आदेश / O R D E R PER PAVAN KUMAR GADALE JM:

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) – II, Udaipur passed u/s 153A r.w.s 143(3)/254 and 250 of the Income Tax Act, 1961. The assessee has raised the following grounds of appeal:

Shri Manoj Singhvi, Jodhpur - 2 - 1.That on the facts and in the circumstances of the case the Id CIT (A) erred in not following the binding decision of Hon'ble Rajasthan High Court and Hon'ble ITAT Jodhpur Bench with regards to scope of addition in the assessment made u/s 153A/153C of the Act, and in light of such decision no addition can be made in absence of any material found as a result of search.

2 That on the facts and in the circumstances of the case the Id CIT (A) erred in sustaining addition of Rs 40,190/-in respect of interest paid to UCO Bank against house loan.

3 That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing.

4 The petitioner prays for justice & relief.

2.

The brief facts of the case are that, the assessee is an individual and there was search u/s 132 of the Act conducted at assessee’s premises on 25.03.2008 to 27.03.2008 and the assessment order u/s 153A of the Act was passed on 30.11.2009 with a total income of Rs. 2,59,630/- On Further appeal, the Hon’ble Tribunal, has set aside the issue with respect to house hold expenses to the file of the Assessing officer(A.O) for deciding afresh. The A.O has issued notice u/s 143(2) and 142(1) of the Act. In response to notice, the Ld. AR of the assessee appeared from time to time and submitted

Shri Manoj Singhvi, Jodhpur - 3 - the details. The AO has dealt on the facts and information on the issue of set aside of disallowance of interest u/s 24(b) of the Act of Rs. 40,149/-. The assessee has obtained the loan of Rs. 16 lakhs from UCO Bank and the AO is of the opinion that the claim of interest was not made in the original return of income and also the amount of loan taken from the bank was not utilized and hence made an addition of Rs. 40,149/- and assessed the total income of Rs.2,27,330/- and passed the order u/s 153A r.w.s 143(3) / 254 of the Act dated 31-03-2014.

3.

Aggrieved by the order the assessee has filed an appeal before the CIT(A). Whereas the CIT(A) considered the grounds of appeal, submissions of the assessee and findings of the AO but confirmed the action of the AO and dismissed the assessee appeal. Aggrieved by the order the assessee has filed an appeal before the Tribunal.

4. At the time of hearing, the Ld. AR submitted the CIT(A) erred has in not following the decision of the Honble Tribunal and the assessee has claimed the deduction U/sec24(b) of the Act in the original return of Shri Manoj Singhvi, Jodhpur - 4 - income and prayed for allowing the assessee appeal. Contra, the Ld. DR relied on the order of the CIT(A).

5.

We heard the rival submissions and perused the material on record. The Ld.AR submiited that the CIT(A) has erred in not considering the facts and information in respect of claim of deduction. Further the claim is genuine and the claim was made as per the provisions of the Act. The Ld.AR contentions are that the Honble Tribunal has directed the Assessing Officer to examine the claim afresh and the A.O is of the opinion that the claim was not made in the original return of income filed U/sec139(1) of the Act. Whereas the assessee has filed the return of income U/sec139(1) of the Act for the A.Y 2006-07 on 31-07-2006 and claimed the deduction of Rs.40,149/- under the income from House property as per the copy of the ITR acknowledgement and statement of total income filed. We considering the facts, submissions and the information envisaged by the Ld.AR set-aside the order of the CIT(A) and direct the assessing officer to delete the addition and we allow the ground of appeal in favour of the assesee.

Shri Manoj Singhvi, Jodhpur - 5 - 6. Since the ground of appeal is decided on merits in favour of the assessee and the legal grounds of appeal raised by the assessee become academic and are left open.

7.

In the result, the appeal filed by the assessee is allowed.

Order pronounced in the open court on 17.08.2023.

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