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Facts
The assessee declared total income under section 44AD and agricultural income. The Assessing Officer added Rs.2,00,000 for an unexplained advance and disallowed a portion of the agricultural income. The CIT(A) deleted the agricultural income disallowance but confirmed the Rs.2,00,000 addition, which was treated under section 69.
Held
The Tribunal held that even after considering the confirmed addition of Rs.2,00,000 as income, the assessee's total income of Rs.3,18,313/- remained below the taxable limit. Consequently, the appeal became infructuous and was dismissed.
Key Issues
Whether the confirmed addition of Rs.2,00,000 under section 69, when added to the assessee's declared income, results in a total income exceeding the taxable threshold, thus making the appeal effective.
Sections Cited
44AD, 69
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Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: Sh. C. N. PrasadDr. B. R. R. Kumar
Asstt. Year : 2010-11 Jasbinder Singh (Prop.), Vs. Income Tax Officer, C/o-Parvesh Kumar Sharma, Adv., Ward-4, 493-L, Model Town, Karnal, Haryana Karnal (APPELLANT) (RESPONDENT) PAN No. ASTPS9891C Assessee by : Sh. Jasbinder Singh Revenue by : Sh. Om Prakash, Sr. DR Date of Hearing: 22.08.2024 Date of Pronouncement: 28.08.2024 ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT(A), Karnal dated 15.01.2018.
The assessee declared total income of Rs.1,18,313/- u/s 44AD of the Income Tax Act, 1961 and filed return of income declaring further agricultural income of Rs.9,60,000/-. The Assessing Officer made addition of Rs.2,00,000/- on account of purported advance received from M/s Yograj Infra Ltd. owing to absence of any documentary evidences. The AO further disallowed an amount of Rs.5,65,000/- out of an amount of Rs.9,60,000/- declared as income from agricultural. The ld. CIT(A) has deleted the addition made on account of agricultural income of Rs.5,65,200/- and confirmed the amount of Rs.2,00,000/- made by the AO. We find that the addition has been made u/s 69 of the Income Tax Act, 1961. Even if, the 2 Jasbinder Singh amount has been considered as income still the income of the assessee was below the income liable to tax. Hence, the appeal of the assessee becomes in-fructuous as the amount of Rs.3,18,313/- still remains below the taxable limit.
In the result, the appeal of the assessee is dismissed as in-fructuous. Order Pronounced in the Open Court on 28/08/2024.