BENCO THERMAL TECHNOLOGIES PVT. LTD.,CHENNAI vs. DCIT, CPC, BENGALURU

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ITA 774/CHNY/2020Status: DisposedITAT Chennai06 May 2022AY 2018-193 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the double addition of interest income was a clear mistake in filing the return of income. The Assessing Officer was directed to exclude the interest income from the 'income from house property' head.

What were the facts?

The assessee disclosed interest income of Rs. 4,66,775/- under 'income from other sources'. However, this same amount was mistakenly included under the 'income from house property' head, leading to a double addition.

What were the issues?

Whether the interest income was correctly assessed when it was doubly added due to a clerical error in the return of income.

Which sections of the Income-tax Act were involved?

Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 05.05.2022Pronounced: 06.05.2022

आदेश /O R D E R

PER MAHAVIR SINGH, VP:

1.

This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1, Chennai in order dated 28.08.2020. The return of income was processed and intimation u/s.143(1) of the Income Tax

2 Act, 1961 (hereinafter the ‘Act’) was issued by the DCIT, CPC, Bangalore for the assessment year 2018-19 dated 01.10.2019.

2.

The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the intimation passed u/s.143(1) of the Act, by the DCIT, CPC for making adjustment of interest income of Rs.4,66,775/- which was doubly added. For this, assessee has raised various grounds which need not to be reproduced.

3.

We have heard rival contentions and gone through facts and circumstances of the case. The ld.AR for the assessee took us through the intimation issued by the Department u/s.143(1)of the Act and the return of income filed. The ld.AR first of all took us through page 17 of the return of income, wherein other income i.e., interest income is disclosed at Rs.4,66,775/- and rent is disclosed as Rs.3,00,000/-. The ld.AR then took us through page 61 of the return of income, where ‘income from other sources’ i.e., interest income is disclosed at Rs.4,66,775/- but at page 45 of the return of income in the column house property, the assessee has wrongly disclosed as Rs.7,66,775/- including interest income of Rs.4,66,775/-. Hence, there is a clear cut double addition of interest twice, once under the ‘income from other sources’ and 3 second under the head ‘income from house property’. We consider this is clearly a mistake of the assessee while filing the return of income and hence, we direct the AO to exclude this Rs.4,66,775/- from the head ‘income from house property’ and treat ‘income from house property’ at Rs.3,00,000/-. We direct the AO accordingly.

4.

In the result, the appeal filed by the assessee is allowed.

Order pronounced in the court on 6th May, 2022 at Chennai.

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