MR. SANDEEP DOSHI,CHENNAI vs. DCIT, CORP. CIRCLE 3(1), CHENNAI

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ITA 213/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2014-15Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal directed the AO to verify the submitted Form No. 4 and revise the computations accordingly. The appeal was allowed for statistical purposes.

What were the facts?

The assessee made a declaration under the Income Declaration Scheme, 2016. The CIT(A) denied immunity, stating that Form No. 4 was not submitted. However, the assessee later produced Form No. 4 with tax payment details.

What were the issues?

Whether the assessee is entitled to immunity under the Income Declaration Scheme, 2016, when Form No. 4 was initially not produced but later submitted with tax payment details.

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, ‘C’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2014-15) Shri Sandeep Doshi DCIT Plot No.6, Old No.5/1 Corporate Circle-3(1), बनाम/ Vs. New Door No.13-15, Harleys Road, Chennai. Kilpauk, Chennai-600 010. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AOCPS-4754-H (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri D. Anand (Advocate)-Ld.AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 17-04-2024 घोषणा की तारीख /Date of Pronouncement : 17-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 06-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.147 r.w.s 144 of the Act on 29-03-2022. In the assessment order, the assessee made addition of Rs.12.96 Lacs. During appellate proceedings, the assessee submitted that it made declaration under Income Declaration Scheme, 2016. However, Ld. CIT(A) held that without Form No.4, it could not be said that the declaration was accepted. Therefore, no such immunity would be available to the assessee.

2.

The Ld. AR placed on record copy of Form No.4 which bears the details of payment of taxes also. Since this form is now available, the Ld. AO is directed to verify the same and revise the computations accordingly. 3. The appeal stand allowed for statistical purposes. Order pronounced in open court on 17th April, 2024.

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