JASHVANTIBEN MANOJBHAI MAKWANA,RAJKOT vs. THE COMMISSIONER OF INCOME TAX (APPEALS), RAJKOT

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ITA 136/RJT/2025Status: DisposedITAT Rajkot30 April 2025AY 2019-20Bench: DR. ARJUN LAL SAINI (Accountant Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

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.

What were the 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/-.

What were the issues?

Whether the addition made by the Assessing Officer is liable to be deleted when the assessee's income falls within the exempted slab?

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH “SMC”, RAJKOT

Before: DR. ARJUN LAL SAINI

For Respondent: Shri Abhimanyu Singh Yadav, ld.Sr.DR
Hearing: 13/03/2025Pronounced: 30/04/2025

सुनवाईक"तार"ख /Date of Hearing : 13/03/2025 घोषणाक"तार"ख /Date of Pronouncement : 30/04/2025 आदेश / O R D E R 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 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.

3.

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.

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