ANIL AGARWAL ,BENGALURU vs. INCOME TAX OFFICER, WARD-3(3)(1), BANGALORE

This appeal filed by the assessee is directed against order of Addl./JCIT(A)-1, Jaipur/NFAC vide DIN & order No.ITBA/APL/S/250/2024-25/1065447077(1) dated 6.6.2024 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act:”) for the assessment year 2018-19.

We have gone through the reasons explained by the assessee for filing the appeal belatedly for 2 days although stated by assessee as 3 days and satisfied that there is a good and sufficient reason in Anil Agarwal, Bangalore Page 5 of 7 filing the appeal belatedly before this Tribunal and accordingly, we condone the short delay of 2 days and decide to adjudicate the appeal on merits.

Brief facts of the case are that the Assessee is an employee of M/s. Intel Technology India Private Limited. For the Assessment Year 2018-19 the Assessee had filed his return on 20-08-2018 declaring an income of Rs 1,28,67,350/- inclusive of dividend income of Rs.4,16,679/- on shares of parent company M/s. Intel Corp USA. Though the Assessee declared his income and claimed relief of Rs.1,04,169/- u/s 90 & 90A on the dividend income earned at USA the same was not taken cognizance of by the Department while passing the intimation dated 19.3.2020 u/s 143(1) of the Act. Further, the Assessee was also denied credit of Rs.2,442/- being TDS made by HDFC Bank. These 2 denials have resulted in levy of interest u/s 234B of Rs.27,652/- and u/s 234(C) of Rs.2,593/- and accordingly total demand of Rs.1,36,860/- was raised. 3.1 Against the above intimation passed u/s 143(1) of the Act, the assessee preferred a rectification under the provisions contained u/s 154 of the Act. The AO/CPC passed the order of Rectification u/s 154 of the Act vide order dated 12.8.2020. Again, aggrieved by the order of AO/CPC dated 12.8.2020 the assessee preferred an appeal before the CIT(A)/NFAC. The ld. CIT(A)/NFAC vide order dated 16.5.2024 had allowed the appeal in full for the assessment year 2018-19. 3.2 On the other hand, in the meanwhile, the assessee also went with a different appeal before ld. CIT(A) on 1.7.2020 on the same issue against intimation passed u/s 143(1) of the Act dated 19.3.2020, wherein the NFAC/CIT(A) has passed order u/s 250 of the Act on 6.6.2024 disallowing the Foreign Tax Credit of Rs.1,04,170/-. Aggrieved the assessee filed the present appeal before this Tribunal on 8.8.2024.