WAHIBA ABUBKAR MUKADAM,RATNAGIRI vs. ITO, WARD-1, RATNAGIRI, RATNAGIRI
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “SMC”, PUNE
BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER
आयकर अपील सं. / ITA No.1655/PUN/2025
Assessment Year : 2021-22
Wahida Abubkar Mukadam
633 AI Banat High School,
Bhadgaon, Khed
Ratnagiri - 415709,
Maharashtra
PAN: ALXPM9662Q
Vs.
ITO, Ward 1,
Ratnagiri
Appellant
Respondent
आदेश / ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeal at the instance of assessee pertaining to A.Y. 2021-22 is directed against the order dated
23.05.2025 of Addl/JCIT(A), Kochi passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of Rectification order 12.07.2023 passed u/s.154 of the Act.
The only grievance of the assessee is that ld.CIT(A) erred in confirming the action of CPC making the addition of Rs.19,28,328/- which has already been disclosed and offered to tax/claimed exemption in the income-tax return and therefore the same amounts to double addition.
We have heard the rival contentions and perused the record placed before us. We note that the assessee is an Appellant by : Shri Sharad Vaze Respondent by : Shri Harshit Bari Date of hearing : 19.08.2025 Date of pronouncement : 12.09.2025 Wahida Abubkar Mukadam
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individual and return of income for A.Y. 2021-22 has been filed on 31.01.2022 declaring income of Rs.12,11,400/-. Assessee is carrying on the profession of running a Pathological Laboratory.
Since the profit shown on the professional income was below
50%, the books of account were audited and Audit Report u/s.44AB of the Act has been furnished. The CPC while processing the return observed that in the Tax Audit Report in item 16(d) the Auditor reported about certain receipt not credited to the profit and loss account and the same are as under :
Sr.
No.
Name
Amount Rs.
1
Salary from Yogita Dental College
2,18,000
2
Rent Nerul Flat
1,54,000
3
Rent from Mukadam Landmark
2,05,700
4
Savings Interest
10,628
5
Agricultural Income
5,00,000
6
Maturity of LIC Policy
2,90,000
7
Gifts from Relatives
5,50,000
Total Rs.
19,28,328
Before us, ld. Counsel for the assessee first referred to the computation of income placed at pages 3 to 8 of the paper book and submitted that all the above referred items mentioned in the Tax Audit Report which have been captured by CPC for the purpose of making the alleged disallowance have already been shown under the respective heads of Taxable Income as well as Exempt income. We find that salary of Rs.2,18,000/- has been shown under the head ‘Income from salary’, rent income at Rs.1,54,000/- and Rs.2,05,700/- has been shown under the head ‘Income from House Property’, Interest income of Rs.10,628/- has been shown under the head ‘Income from other sources, Agricultural Income and Maturity of LIC amounts at Rs.5.00 lakh and Rs.2.90 lakh have been shown Wahida Abubkar Mukadam
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under the ‘Exempt income’ and lastly the gifts from relatives have been shown in the capital account and is claimed to be exempt as having been received from the relatives referred in section 56 of the Act. We therefore find that the said disallowance has been made by CPC only on the basis of Tax
Audit Report. Since the assessee has prepared a single balance sheet for the statement of affairs of the individual account as well as the business concern of renting the Pathological
Laboratory, the income in the individual name as well as the capital receipt items have been directly shown in the capital account and having not been credited in the profit and loss account of the Pathological Laboratory. We are therefore of the considered view that the impugned disallowance is not sustainable and the same deserves to be deleted. Finding of ld.CIT(A) is reversed and the grounds of appeal raised by the assessee are allowed.
In the result, appeal filed by the assessee is allowed.
Order pronounced on this 12th day of September, 2025. (VINAY BHAMORE)
ACCOUNTANT MEMBER
पुणे / Pune; दनांक / Dated : 12th September, 2025. Satish
Wahida Abubkar Mukadam
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आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to :
अपीलाथ / The Appellant. 2. यथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “SMC” बच, पुणे / DR, ITAT, “SMC” Bench, Pune.
गाड फ़ाइल / Guard File. आदेशानुसार / BY ORDER,
//// Senior Private Secretary
आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.