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Income Tax Appellate Tribunal, ‘ B’ BENCH : CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI INTURI RAMA RAO]
आदेश / O R D E R
PER INTURI RAMA RAO, ACCOUNTANT MEMBER
This is an appeal filed by the Assessee directed against the order of the Commissioner of Income Tax (Appeals)-15, Chennai (‘CIT(A)’ for short) dated 28.02..2019 for the Assessment Year (AY) 2014-2015.
The Assessee raised the following grounds of appeal:
2 -: ‘’1. Learned AO erred in adding Rs.38,83,918 towards under reporting of gross receipts in ROl when compared to Form 26AS (Rs.34,83,918+Rs.4,00,000) and CIT (A) erred in confirming the addition 2. Contrary to facts the sum of Rs.34,83,918 having been admitted in earlier AYs, addition made in this AY is incorrect.
Contrary to facts the sum of Rs.4,00,000 being retention deposit addition made in this AY is incorrect.
Learned AO erred in relying on mismatch of gross receipts and TDS for AY 11-12 & 13-14 in this AY which have to verified in respective AYs and erred in stating that the payer did not deduct tax on the payments made to appellant which is not a fault of the appellant.
5. Learned CIT (A) without fully appreciating facts erred in holding that appellant failed to substantiate the grounds raised and that the receipts were offered to tax in earlier asst. years stood not proved. For the reasons stated above and those that may be adduced at the time of hearing, appellant prays that Hon’ble ITAT be pleased to delete the addition of Rs.38,83,918. Appellant craves the leave of the ITAT to file additional grounds and/or evidence in support of the grounds of appeal’’.
The brief facts of the case are as under: 3.
The appellant is an individual. The return of income for the AY 2014-15 was filed on 28.09.2014 disclosing total income of Rs. 83,06,870/-. Against the said return of income, the assessment was completed by the Assistant Commissioner of Income Tax, Non Corporate Circle 15(1), Chennai vide order dated 28.12.2016 passed u/s. 143(3) of the Income Tax Act, 1961 (for short ‘the Act’) at total income of Rs. 1,21,90,790/-. While doing so, the Assessing Officer made addition on account of mismatch in the income shown in the return of income and form 26AS. It is submitted that mismatch is on account of difference in reconciliation of income and the Assessing
3 -: Officer made addition without properly appreciating the explanation given by the assessee in respect of mismatch of the income shown in form 26AS and the return of income. Even the ld. Commissioner of Income Tax (Appeals) dismissed the appeal filed by the assessee without properly appreciating the material on record and granting reasonable opportunity.
We heard the rival submissions and perused the material on 4. record. We are of the considered opinion that the matter should be sent back to the Assessing Officer for denovo assessment in accordance with law, accordingly we order so.
In the result, the appeal filed by the assessee is partly allowed for statistical purpose.
Order pronounced on 7th day of November, 2019, at Chennai.