JASHVANTIBEN MANOJBHAI MAKWANA,RAJKOT vs. THE COMMISSIONER OF INCOME TAX (APPEALS), RAJKOT
Facts
The assessee's appeal pertains to Assessment Year 2019-20 and arises from an order by the Commissioner of Income Tax (Appeal). The Assessing Officer had made an addition of Rs. 1,55,000/-. The assessee's taxable income was stated to be below the exempted slab of Rs. 2,50,000/-.
Held
The Tribunal noted that the addition made by the assessing officer was Rs. 1,55,000/-, which falls within the maximum amount not chargeable to tax (Rs. 2,50,000/-). Both parties agreed that this amount was within the exempted limit.
Key Issues
Whether the addition made by the Assessing Officer is liable to be deleted when the assessee's income falls within the exempted slab?
Sections Cited
147, 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH “SMC”, RAJKOT
Before: DR. ARJUN LAL SAINI
Dr. ARJUNLAL SAINI AM;
Captioned appeal filed by the assessee, pertaining to Assessment Year 2019-20, is directed against the order passed by the Learned Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi,vide order dated 31.07.2024,which in turn arises out of an order passed by the Assessing Officer, dated 02.03.2024, u/s.147 read with section 144 of the Income Tax Act, 1961. 2. Learned Counsel for the assessee, at the outset submitted that assessee under consideration does not file return of income, as his taxable income is below the ITA No. 136/RJT/2025 A.Y 19-20 JASHVANTIBEN MMAKWANA
maximum amount, which is not chargeable to tax. That is, below the exempted slab of Rs.2,50,000/-. The assessing officer made total addition to the tune of Rs.1,55,000/-,and if the assessee files return of income and discloses Rs.1,55,000/-, in his return of income, it will come in the ambit of exempted slab, therefore, addition made by the assessing officer may be deleted.
On the other hand,Learned Senior DR for the Revenue, fairly agreed that the addition made by the assessing officer is only of Rs.1,55,000/-, which falls within the ambit of maximum amount, which is not chargeable to tax.
I have heard both the parties. I note that the addition made by the assessing officeris to the tune of Rs.1,55,000/-, in the assessment order, which falls within the ambit of maximum amount, which is not chargeable to tax. That is, income up to Rs.2,50,000/- is not chargeable to tax (exempted), therefore, addition made by the assessing officer is hereby deleted and hence, I allow this appeal of the assessee.
In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 30/04/2025. (Dr. A.L. SAINI) लेखा सद"य/ACCOUNTANT MEMBER राजकोट /Rajkot "दनांक/ Date: 30/04/2025 DKP Outsourcing Sr.P.S ITA No. 136/RJT/2025 A.Y 19-20 JASHVANTIBEN MMAKWANA
आदेश क" "ितिलिप अ"ेिषत/ Copy of the order forwarded to : अपीलाथ"/ The Appellant ""यथ"/ The Respondent आयकर आयु"/ CIT आयकर आयु"(अपील)/ The CIT(A) िवभागीय "ितिनिध, आयकर अपीलीय आिधकरण, राजकोट/ DR, ITAT, RAJKOT गाड"फाईल/ Guard File //// By order/आदेश से,
सहायक पंजीकार आयकर अपील"य अ"धकरण, राजकोट
