THANGAVELU BALACHANDAR,PALLIPALAYAM vs. ITO, WARD-1(6), SALEM
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 held that the Learned CIT(A) had not examined the accounts from the correct perspective and had erroneously confirmed the addition. The Tribunal noted that the assessee had reported the amounts not credited to the profit and loss account in Schedule OI and Form 3CD, including Rs.25,00,000/- as consideration from the sale of agricultural land. The assessee's explanation was that Form 3CD related only to the textile business, and the sale of agricultural land was exempt. The Tribunal found that the CPC made the adjustment based on the assessee's own report of amounts not credited to the P&L account. Reversing the order of the CIT(A), the Tribunal directed the deletion of the addition of Rs.25,00,000/- made by the CPC. The issue of Rs.1,20,000/- from milk sales and Rs.23,440/- net agricultural income was not expressly decided, but the overall appeal was allowed.
What were the facts?
The assessee, Thangavelu Balachandar, an individual, filed his return of income for Assessment Year 2021-22 declaring a total income of Rs.19,48,790/-. The Central Processing Centre (CPC), Bengaluru, made an addition of Rs.26,43,440/- in its intimation under Section 143(1) of the Income Tax Act, 1961, stating it was an amount not credited to the profit and loss account. The assessee appealed to the Learned Commissioner of Income Tax (Appeals) [CIT(A)], who confirmed the addition, noting that the CPC adjustment was based on the tax audit report. The assessee's return had disclosed income from milk sales (Rs.1,20,000/-), consideration on sale of agricultural land (Rs.25,00,000/-), and net agricultural income (Rs.23,440/-) in Schedule OI. The assessee argued these were not routed through the profit and loss account for textile business.
What were the issues?
1. Whether the addition of Rs.25,00,000/- made by the CPC and confirmed by the CIT(A) on account of consideration from the sale of agricultural land, which was not credited to the profit and loss account, is sustainable in law, particularly under Section 143(1) of the Income Tax Act, 1961? Assessee's Contentions: The assessee argued that the income from milk sales was offered to tax under presumptive taxation, and the net agricultural income of Rs.23,440/- was declared as exempt. Regarding the Rs.25,00,000/- from the sale of agricultural land, the assessee contended that capital gains from agricultural land are exempt from tax. The assessee admitted to inadvertently treating it as a capital asset and returning a capital loss. The profit and loss account and audit report pertained only to the textile business, and these incomes were not routed through it. Revenue's Contentions: The Revenue relied on the orders of the lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI MANU KUMAR GIRI & SHRI JAGADISH
आदेश / O R D E R
PER JAGADISH, A.M: Aforesaid appeal filed by the assessee for Assessment Year (AY) 2021-22 arises out of the order of Learned Commissioner of Income Tax, Appeal, Addl/JCIT(A)-1, Nasik [hereinafter “Addl. CIT(A)”] dated 02.07.2024.
The only ground of appeal in this appeal of assessee is against in confirming the addition of Rs.25,00,000/- made by CPC, Bengaluru in the intimation u/s. 143(1) of the Act.
The assessee is an individual and filed his return of income declaring total income of Rs.19,48,790/-. The CPC in the intimation u/s 143(1) of the Act has added a sum of Rs.26,43,440/-, which was stated to be amount not credited to the profit and loss account in Schedule OI, BP. Aggrieved, the assessee filed an appeal before Ld.
CIT(A). The Ld. CIT(A) confirmed the addition as CPC has made the adjustment on the basis of tax audit report.
Before us, the Ld. Authorized Representative (A.R) of the assessee has submitted that the assessee in the return of income has shown following income in Schedule OI:
Source Amount in Rs. 1 Income from milk sales (declared 1,20,000 u/s. 44AD of the Act) 2 Consideration on sale from 25,00,000 Agricultural land (exempt) 3 Net agricultural income (exempt) 23,440 Total 26,43,440
The Ld. AR has submitted that above income do not find place in profit and loss account as the profit and loss account and audit report was only relating to the textile business, for which the books of accounts were maintained. The Ld A.R submitted that the income from sale of milk was not routed through the P&L account and the income has been offered to tax under presumptive taxation. Similarly the agricultural income of Rs.23,440/- has been duly declared as exempt income. As regard to the consideration on sale of agricultural income of Rs. 25 Lakhs, the Ld AR submitted that the capital gain from sale of agriculture land was exempt from tax, however assessee has inadvertently taken the same to be a capital asset and returned capital loss of Rs. 26,26,620/-.
The Ld. Departmental Representative (DR), on the other hand, has relied on the orders of lower authorities.
We have heard the rival submissions, and perused the materials available on record. The assessee in the return of income in Schedule OI in clause 5(d), has mentioned amount of Rs. 26,43,400/- as amount not credited to the profit and loss account. The assessee in Form- 3CD, under coloumn No.15, also has reported income not credited to P&L account, comprising of Rs.1,20,000/- from milk sales, Rs.25,00,000/- as consideration from sale of agricultural land, and Rs.23,440/- as net agricultural income. Based on the above information, the CPC has added Rs. 26,43,440/- to the computation of income. The assessee filled appeal against the addition of agriculture income of Rs.25,00,000/- and the same has been confirmed by the Ld CIT(A). We find that the Ld. CIT(A) has confirmed the addition for the reason that CPC has made adjustment on the basis of assessee’s report that profit on sale of agriculture land has not been credited in profit and loss account. The assessee has given reason for profit on sale of agriculture land not being credited in the P&L account reported in Form 3CD as the Form 3CD is only relating to textile business. The Ld.CIT(A) has not examined the accounts from the correct perspective and therefore, erroneously confirmed the addition. We accordingly reverse the order of Ld. CIT(A) and direct to delete the addition of Rs.25,00,000 made by the CPC.
In the result, the appeal filed by the assessee is allowed.
Order pronounced on 02nd April, 2025.
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