MAGARAM GHOSH ,KOLKATA vs. ITO, WARD-2(2), DURGAPUR, DURGAPUR

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ITA 605/KOL/2023Status: DisposedITAT Kolkata29 January 2024AY 2017-18Bench: Shri Sanjay Garg (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the Assessing Officer to verify the assessee's claims for Section 80C deduction and professional tax paid. The Assessing Officer was directed to grant appropriate relief if admissible.

What were the facts?

The assessee, an employee of Durgapur Steel Plant, claimed a deduction of Rs. 1,50,000 under Section 80C and Rs. 2400 for professional tax. The employer's Form 16 indicated these investments and deductions.

What were the issues?

The primary issue was whether the assessee was entitled to statutory deductions under Section 80C and for professional tax paid, which required verification by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 80C,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA

Before: Shri Sanjay Garg

order : January 29, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 25.03.2023 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

The assessee is an employee of Durgapur Steel Plant at Durgapur. The only issue raised by the assessee in this appeal is relating to non- grant of statutory deduction u/s 80C of Rs.1,50,000/- and of professional tax of Rs.2400/- while computing the income of the assessee.

3.

The ld. counsel for the assessee, in this respect, has relied upon Form 16 issued by the employer, wherein, it has been shown that the Assessment Year: 2017-18 Magaram Ghosh assessee has invested the amount in the relevant fund claiming deduction u/s 80C of Rs.1,50,000/- and further that the employer has deducted professional tax of Rs.2400/- which has not been deducted while computing the income of the assessee.

1.

3. The ld. DR has submitted that the aforesaid claim needs verification at the end of the Assessing Officer. The ld. counsel has fairly agreed to this.

4.

In view of the above, the matter is restored to the file of the Assessing Officer with a direction to verify the claim of the assessee of 80C deduction and professional tax paid and give the appropriate relief, if so admissible to the assessee.

5.

In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 29th January, 2024.

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