SACHIN BALKRISHNA RAIKAR,MUMBAI vs. ITO 26(2)(4), MUMBAI

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ITA 1240/MUM/2015Status: DisposedITAT Mumbai22 December 2015AY 2011-124 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found concurrent findings of the AO and CIT(A) that the receipt was salary income and this could not be controverted by the assessee. Therefore, the Tribunal found no reason to interfere with the CIT(A)'s order.

What were the facts?

The assessee received professional fees of Rs. 11,24,500/- but did not offer it to tax. The assessee claimed expenses of Rs. 9,68,133/- against this receipt. The AO and CIT(A) treated the receipt as salary income and disallowed the expenses.

What were the issues?

Whether the receipt of Rs. 11,24,500/- is taxable as salary income and whether expenses claimed against it are allowable.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI A.K. GARODIA, AM

For Appellant: Shri. V.S. Jadhav
For Respondent: Shri. V.S. Jadhav

आदेश / O R D E R PER A. K. GARODIA, A. M:

1.

This appeal is filed by the assessee and is directed against the order of Commissioner of Income Tax (Appeals)-46, Mumbai (Hereinafter called as the CIT(A) ) dt. 26/12/2014 for assessment years 2011-12. 2. The grounds raised by the assessee are as under:- In the facts and circumstances of the case and in law, the learned CIT(Appeal) erred in disallowing the expenses of Rs. 9,68,133.00 against total income of Rs. 11,24,500.00

ITA 1240/MUM/2014 Assessment Year: 2011-12 which was wrong, insufficient and contrary to the facts and evidence on record.

2.

The Appellant craves leave to add, amend, alter, modify or omit the aforesaid Grounds of appeal as occasion may arise of demad. 2.1 The appeal was last fixed for hearing on 09/12/2015 and on this date, on the request of the assessee, the hearing was adjourned to 22/12/2015 and date of hearing was pronounced in open court but on this date of hearing i.e. 22/12/2015, none appeared on behalf of the assessee and there is no application for adjournment. Therefore, this appeal was heard ex-parte qua the assessee. 2.2 Ld DR of the revenue supported the orders of the authorities below. 2.3 I have considered the submissions of the Ld. DR of the revenue and gone through the orders of the authorities below and find that it was noted by the AO and also by CIT(A) that as per Form 26AS, the assessee has earned professional fees of Rs. 11,24,500/- from Topgroup Risk Intelligence Pvt. Ltd. and tax has been deducted at source on the same. However, the assessee has not offered this income to tax in return of income filed on 29/07/2011. During the course of assessment proceedings, the assessee has accepted receipt of this amount as inspection charges fees but he claimed that deduction should be allowed of certain expenses aggregating to Rs. 9,68,133/- but the A.O.

ITA 1240/MUM/2014 Assessment Year: 2011-12 has not allowed the same and he assessed the entire amount of Rs. 11,24,500/- as income.

2.4 The Ld. CIT(A) has also given a finding that the assessee is working full time as employee of M/s Wallem Maritime Training India Pvt. Ltd. and therefore, the receipt is taxable as salary income and deduction is not allowable for expenses claimed of Rs. 9,68,133/- 3. I find that there are concurrent findings of the AO and CIT (A) that receipt of the assessee is on account of salary income and this finding could not be controverted by the assessee before the Ld. CIT(A) and even before me, none has appeared to do so. Hence, I find no reason to interfere in the order of the Ld. CIT(A). Therefore, I decline to interfere in the order of the Ld.CIT(A) 4. In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on 22nd December, 2015

Sd/- (A.K. GARODIA) लेखा सद�य / Accountant Member मुंबई Mumbai; �दनांक Dated : 23 .12.2015

ITA 1240/MUM/2014 Assessment Year: 2011-12

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