RAJAN CHOPRA,NEW DELHI vs. ITO, WARD-50(3), NEW DELHI

The present appeal has been filed by the assessee against the order of the ld. CIT(A)-17, New Delhi dated 21.11.2017.

The only tangible ground taken up by the assessee is as under:

The case was reopened u/s 148 of the Income Tax Act, 1961 owing to enquiries conducted by the investigation arm of the Income Tax Department with regard Client Code Modification (CCM). The assessee has incurred loss of 2 Rajan Chopra Rs.2,13,149/-. The assessee pointed out that he has not availed any benefit out of the alleged loss transaction. The ld. CIT(A) did not accept the contention of the assessee holding that the assessee has failed to substantiate his claim and perusal of income computation sheet shows that the assessee has reported income from business and profession to the tune of Rs.1,56,250/- and working of the business income of Rs.1,56,250/- has not been submitted. The ld. CIT(A) held that in the absence of such detail, it is not possible to check whether the loss of Rs.2,08,163/- has been reduced to arrive at the business income of Rs.1,56,250/-. Before us, the ld. AR pleaded that given an opportunity, the entire details would be submitted before the Assessing Officer.

Hence, in the interest of justice, we hereby remand the matter to the file of the Assessing Officer to verify whether the assessee has claimed loss in transactions and set of the profits from the loss before arriving at the business income of Rs.1,56,250/-.

In the result, the appeal of the assessee is allowed for statistical purpose. Order Pronounced in the Open Court on 31/05/2022.