TELKAR SREENIVASARAO SATHYANARAYANA RAO,MANDYA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, MYSORE
Income Tax Appellate Tribunal, ‘B’ BENCH, BANGALORE
Before: SHRI NARENDER KUMAR CHODHRY & SHRI WASEEM AHMEDAssessment Years: 2017-18
PER : SHRI NARENDER KUMAR CHODHRY, JUDICIAL MEMBER:
This appeal has been preferred by the assessee against the order dated 29/12/2023 impugned herein passed by the National Faceless
Assessment Center (NFAC), Delhi/Ld. Commissioner of Income Tax (Appeal)
{in short ‘Ld. Commissioner’) u/s 250 of the Income-tax Act 1961 (in short
‘ Act’) for the assessment year {AY} 2017-18. 2. In the instant case , vide assessment order dated 29/03/2022 u/s 147
r.w.s 144B of the Act, the AO made the addition of Rs.18,05,477/- on account of disallowance of interest paid on borrowed capital u/s 24(b) of the Act.
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3. The assessee being aggrieved, challenged the said addition/disallowance by filing first appeal before the Ld. Commissioner, who vide impugned order confirmed the aforesaid addition/disallowance by passing ex-parte order due to non- persecution by the assessee.
The assessee being aggrieved challenged the said addition/disallowance by filing the instant appeal, however, with a delay of 324 days, along with application for condonation of delay.
Without going into controversy with regard to condonation of delay, we observe as demonstrated by the authorities that such addition made by the AO vide assessment order dated 29-03-2022 u/s 147 r.w.s 144 of the Act, was also subjected to proceedings and order dated 06-03-2024 under section 263 of the Act by the Pr.Commissioner of Income Tax (Pr.CIT, Bangalore -3) and the AO ultimately vide consequential effect order dated 14/03/2025 u/s 147 r.w.s 263 r.w.s 144B of the Act, has accepted the claim u/s 24(b) of the Act to the tune of Rs.18,05,477/- on account of disallowance made on the interest paid on housing loan and ultimately, made no addition by such appeal effect giving order. Thus, the issue has stands settled and consequently appeal filed by the assessee stands has become infructuous and therefore the same is liable to be dismissed.
In the result, the appeal filed by the assessee stands dismissed as infructuous. Order pronounced in the court on 05th day of August, 2025 (WASEEM AHMED) Judicial Member
Bangalore
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Copy to:
The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file
By order
Asst.