RAMESH SHARMA,KOLKATA vs. ITO, WD-62(3), KOLKATA, KOLKATA

The assessee in the present case is an individual, who is an Advocate, by profession. In the assessment originally completed under section 144 read with section 147 vide an order dated 21.09.2007, the total income of the assessee was determined by the Assessing Officer at Rs.3,23,270/-. On appeal, the ld. CIT(Appeals) allowed part relief to the assessee. On further appeal, the Tribunal set aside the order of the ld. CIT(Appeals) and restored the matter to the file of the Assessing Officer for fresh adjudication. As per the direction of the Tribunal, fresh ./2016 Assessment year: 2004-2005 Page 2 of 3 assessment was made by the Assessing Officer vide order dated 23.09.2011 passed under section 143(3) read with section 254 of the Act, wherein he disallowed the claim of the assessee for deduction on account of interest, etc. paid to GIC Housing Finance Limited on the ground that the claim of the assessee of having paid interest, etc. was not supported by any documentary evidence.

Against the order passed by the Assessing Officer under section 143(3) read with section 254, an appeal was preferred by the assessee before the ld. CIT(Appeals), who dismissed the same and confirmed the disallowance made by the Assessing Officer on account of interest, etc. paid by the assessee to GIC Housing Finance Limited on the ground that the assessee could not substantiate his claim for such payment by producing the supporting documentary evidence either before the Assessing Officer or even before him. Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal.

I have heard the arguments of both the sides and also perused the relevant material available on record. As submitted by the ld. counsel for the assessee, a copy of statement issued by the GIC Housing Finance Limited evidencing the payment of interest, etc. during the year under consideration was filed by the assessee before the ld. CIT(Appeals) on 30th July, 2015, but the ld. CIT(Appeals) has not taken cognizance of the same while dismissing the appeal of the assessee by his impugned order. He has also filed a copy of letter under which the said statement was filed by the assessee, duly acknowledged by the Office of the ld. CIT(Appeals)- 21, Kolkata, which clearly shows that the relevant documentary evidence to support and substantiate his claim for payment of interest, etc. to GIC Housing Finance Limited was duly filed by the assessee on 30th July, 2015 itself, that is well before passing of the impugned order by the ld. CIT(Appeals) on 10.12.2015, but the ld. CIT(Appeals) has failed to take ./2016 Assessment year: 2004-2005 Page 3 of 3 cognizance of the same. I, therefore, consider it fair and proper and in the interest of justice to set aside the impugned order of the ld. CIT(Appeals) and remit the matter back to him with a direction to dispose of the appeal of the assessee afresh after taking into consideration the statement of GIC Housing Finance Limited filed by the assessee under letter dated 30th July, 2015.

In the result, the appeal of the assessee is treated as allowed for statistical purposes.