AJAY KUMAR YADAW,NORTH TWENTY FOUR PARGANAS vs. I.T.O., WARD - 62(1), KOLKATA

PDF · subscribers
ITA 450/KOL/2026Status: DisposedITAT Kolkata05 May 2026AY 2021-20224 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee is eligible for the claimed deduction for interest paid on the home loan. The Assessing Officer was directed to grant the benefit of deduction to the assessee.

What were the facts?

The assessee, a scientist, claimed a deduction of Rs. 2,00,000/- for interest on a home loan for each assessment year. This claim was reflected in Form 16 but a mistake occurred when filing the return, leading to denial of deduction in the intimation under Section 143(1).

What were the issues?

Whether the assessee is eligible for deduction on home loan interest despite a mistake in filing the return, and if the Assessing Officer should grant the benefit.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 24

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH,

Before: SHRI GEORGE MATHAN

Hearing: 05/05/2026Pronounced: 05/05/2026

आदेश / O R D E R Per George Mathan, JM: These are three appeals filed by the assessee against the orders of the ADDL/JCIT(A)-1, GURUGRAM [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) in appeal Nos. ADDL/JCIT(A)- 1, GURUGRAM/10020/2020-21, ADDL/JCIT(A)-1, GURUGRAM/10031/2021-22 and ADDL/JCIT(A)-1, GURUGRAM/10065/2022-23 all dated 16.01.2026 respectively. Since issues are involved in all the appeals are identical, therefore, these have been heard together and are being disposed of by the common order. ITA No.450/Kol/2026 is taken as lead case and the

2 ITANo.450to452/Kol/2026 decision of this order will mutatis mutandis apply to another appeals in ITA No.451&452/Kol/2026. 2. Shri Manoj Kataruka, Advocate, represented on behalf of the assessee and Shri Manas Mondal, Sr. DR represented on behalf of the revenue.

3.

It was submitted by the ld. AR that the assessee is a scientist and he was having a claim in respect of interest on the house loan repaid to the extent of Rs.2,00,000/- for each assessment year. The ld. AR drew my attention to Form 16 for the impugned assessment years wherein the amount has been shown. It was the submission that in the return filed however a mistake had occurred and the assessee has been denied the benefit of deduction in the intimation issued u/s 143(1) of the Act. It was prayed that the assessee is eligible for the benefit of deduction to the extent of Rs.2,00,000/- as claimed in Form 16 as filed. The assessee has also filed revised computation wherein the interest on the house loan is shown at Rs.2,00,000/-.

4.

In reply, the ld. DR submitted interest paid on the house loan is eligible for deduction. It was further submitted that the assessee should have been more careful in filing the return. It was the submission that the intimation issued is on the basis of return filed.

3 ITANo.450to452/Kol/2026 5. I have considered the rival submissions. A perusal of the facts of the present case clearly shows that the assessee has made a wrong claim in respect of interest on the house loan. It has been admitted by the ld. AR that the error has happened because the assessee is a salaried person and the return was not filed through a tax practitioner. The ld. has provided proof that the house loan which has been paid clearly shows in Form 16 of Rs.2,00,000/- This being so, the Assessing Officer is directed to grant benefit of deduction u/s 24 to the assessee in respect of issue of interest paid on house loan.

6.

In the result, the appeals of the assessee are allowed.

Order pronounced in the open court on 05/05/2026.

Sd/- (GEORGE MATHAN) न्यधनयक सदस्य / JUDICIAL MEMBER Dated 05/05/2026 RS आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : अपीलार्थी / The Appellant- 1. 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file.

4 ITANo.450to452/Kol/2026 सत्यापपत प्रतत //True Copy// आदेशधिुसधर/ BY ORDER,

(Assistant Registrar) Income Tax Appellate Tribunal, Kolkata

More judgments on Section 24

All 701 judgments and leading authorities on Section 24 →

Recent GST High Court judgments

Search GST case law →