SOBAN SINGH,DEHRADUN, UTTRAKHAND vs. DCIT CIRCLE 1(1)(1), DEHRADUN, DEHRADUN, UTTRAKHAND
In the result, the appeal of the assessee is allowed
ITA 26/DDN/2026[2022-23]Status: DisposedITAT Dehradun12 Mar 2026AY 2022-23
Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2022-23] Soban Singh, Vs Dcit Anand Nagar, Balawala Circle-1(1)(1) Dehradun, Uttarakhand Dehradun Pan-Djfps8212B Uttarakhand Appellant Respondent Appellant By Shri Abhinav Vijh, Ca Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 10.03.2026 Date Of Pronouncement 12.03.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 03.12.2025 By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] In Appeal No.Nfac/2021-22/10363960 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 25.03.2024 Passed U/S 143(3) R.W.S. 144B Of The Act Pertaining To Assessment Year 2022-23. 2. Heard The Contentions Of Both The Parties At Length & Perused The Material Available On Record. From The Perusal Of The Table Reproduced At Page 12 Of Ld. Cit(A)’S Order Containing The Party-Wise Details Of Rent Paid During The Previous Year, It Is Observed That Assessee Had Paid Rent To Total Six Parties In Cash Every Month & The Payment Made To Each Individual Owner Was Below The Maximum Limit Prescribed U/S 40A(3) Of The Act Of Inr 10,000/-. The Ao Has Wrongly Considered The Gross Amount Of Rent Paid To All The Landlords As In Violation Of Provision Of Section 40A(3) Of The Act. Since The Rent Paid To Each Individual Land Owner Was Below Inr 10,000/- On Each Occasion, Therefore, Provision Of Section 40A(3) Are Not Applicable. Accordingly, No Disallowance Is Required To Be Made U/S 40A(3) Of The Act. In The Light Of Above Facts, We Delete The Disallowance Made By The Ao. All The Grounds Of Appeal Taken By The Assessee Are Allowed.
Section 143(3)Section 250Section 40A(3)
250
of the Income Tax Act, 1961 [“the Act”] arising out of assessment order dated 25.03.2024 passed u/s 143(3) r.w.s. 144B of the Act pertaining to Assessment Year 2022-23. 2. Heard the contentions of both the parties at length and perused the material available on record. From the perusal of the table reproduced at page