AKSHAY BARBUDDHE,PUNE vs. DCIT CIRCLE 1(1), GURGOAN
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found merit in the assessee's plea as the lower authorities did not dispute the employer's certificate confirming the salary after deductions. The Assessing Officer is directed to finalize the computation after verification.
What were the facts?
The assessee's appeal concerns the assessment year 2018-19. The lower authorities assessed the assessee's gross salary at Rs. 42,52,236, while the assessee claimed the correct amount after deductions was Rs. 29,96,604.
What were the issues?
Whether the lower authorities erred in assessing the gross salary without considering the deductions as per the employer's certificate.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2018-19, arises against the CIT(A)/NFAC, Delhi’s DIN & Order No. ITBA/NFAC/S/250- 2025-26/1087812889(1) dated 24.03.2026, in proceedings u/s 147/144 of the Income Tax Act, 1961 (in short “the Act”). 2. Heard both the parties. Case file perused. 3. The assessee’s sole substantive ground canvasses in this
appeal is that both the lower authorities have erred in law and on
facts in assessing him for having derived gross salary of
Rs. 42,52,236/- than the correct amount of Rs. 29,96,604/- (after
adjusting various deductions); in assessment order dated 11.03.2023
as upheld in the lower appellate discussion.
That being the case, learned Counsel invites tribunal’s
attention to the assessee’s Form No. 16 alongwith the Annexure
thereto namely “Part-B” at pages 16 to 18 indicating that although
he had derived total salary of Rs. 42.50 lacs in issue, his employer /
deductor concerned would confirm his total income of Rs. 29.96 lacs
after taking into consideration various deduction(s). The assessee’s
case accordingly is that both the lower authorities have nowhere
considered the said deductions in their respective findings so as to
assess him for Rs. 29.96 lacs.
This tribunal finds merit in the assessee’s plea, as both the
lower authorities have nowhere disputed the assessee’s employer/
deductor’s certificate declaring salary of Rs. 29.96 lacs his income
after arriving the various deductions. The Assessing Officer is
directed to finalise the consequential computation after verifying all
the relevant facts of the case as per law in very terms therefor.
In the result, the appeal of the assessee is allowed for statistical purposes. Order Pronounced in the Open Court on 08/07/2026.
Sd/- (Satbeer Singh Godara) Judicial Member
Dated: 23/07/2026
SR BHATNAGAR
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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