MEHAR CHAND GUPTA,ALWAR vs. INCOME TAX OFFICER, ALWAR

per Form 26AS is Rs.8,27,553/-, thereby making addition of Rs.2,62,930/- (8,27,553-5,64,623). The ld.AR of the assessee has drawn our attention that income from Ashu Mahawar is effectively

taxable at Rs. 5,53,970 only. As the entry in Form No. 26AS at Sr. No. 1 at Rs. 8,20,307/- of

Ashu Mahawar is reduced or cancelled at Sr. No. 3 of the same 26AS and entry at Sr. No. 2 for

8 ITA No.27/JP/2022 Shri Mehar Chand Gupta vs ITO, Alwar Rs.5,53,970/- is taxable. Thus the action of the AO taxing differential amount at Rs2,62,930/-

based from 26AS is uncalled for. The explained the disallowance as under:-

Income from Ashu Mahawar at Sr. No. 1 Rs.8,20,307 Of First Table Part A Income from Punjab National Bank Rs. 7,246 A Rs.8,27,553 Income from other source in returned Income in both the intimation before B Rs. 5,64,623 154 application and after ----------------------------- Difference added Rs. 2,62,930

We find force in the contention of the ld.AR of the assessee and inclined to agree that the

addition of Rs. 2,62,930/- is not required to be made basis on an entry which is subsequently

changed / reduced.

5.6 Further in the intimation u/s 143(1) dated 15.04.2019, the AO has allowed the credit of

TDS of Rs.56,122/- and self assessment tax of Rs.7,230/- whereas the same was not allowed in

the intimation u/s 154 dated 15.06.2019. The fact is that tax of Rs.56,122/- was deducted from

assessee’s income and assessee had paid self assessment tax of Rs.7,230/- which is also

verifiable from Form 26AS. We also find that ITAT, Jaipur Bench in case of Shri Amit Mantri

Vs. DCIT ITA No.151/JP/21 order dated 04.01.2022 has held that where assessee has claimed

the credit of TDS in the return which is also reflected in Form 26AS, the AO cannot refuse to

grant credit of the same on technicalities. In this view of the mater, AO is directed to delete the

addition of Rs.2,62,930/- and allow the credit of TDS & self assessment tax as reflected in Form

26AS. Thus Ground No. 1 to 3 of the assessee are allowed.

6.1 Ground 4 of the assessee is regarding charging of interest u/s 234B and 234C of the Act,

which is mandatory and consequential in nature.

9 ITA No.27/JP/2022 Shri Mehar Chand Gupta vs ITO, Alwar 7.1 Ground No. 5 of the assessee is regarding creating the demand of Rs.1,54,210/- within the meaning of Section 156 of the I.T. Act, 1961. Since the Ground Nos. 1 to 3 of the assessee are allowed, therefore, the AO is directed to allow credit of TDS after verification from Form 26AS. 8.0. In the result, the appeal of the assessee is allowed.

Order pronounced in the open court on 08 /03/2022.

Sd/- Sd/- ¼ Mk0 ,l- lhrky{eh ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Dr. S. Seethalakshmi) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 08/03/2022 *Mishra आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- Shri Mehar Chand Gupta, Alwar ,. 2. izR;FkhZ@ The Respondent- The ITO, Alwar . vk;dj vk;qDr@ The ld CIT 3. vk;dj vk;qDr¼vihy½@The ld CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. 6. xkMZ QkbZy@ Guard File (ITA No. 27/JP/2022) vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत