Gurpreet Singh Soni, Udaipur v. ACIT, Central Circle-2, Udaipur

ITA 263/JODH/2019 | 2013-2014
Pronouncement Date: 25-11-2019 | Result: Allowed

Appeal Details

RSA Number 26323314 RSA 2019
Assessee PAN AGEPS1825R
Bench Jodhpur
Appeal Number ITA 263/JODH/2019
Duration Of Justice 3 month(s) 19 day(s)
Appellant Gurpreet Singh Soni, Udaipur
Respondent ACIT, Central Circle-2, Udaipur
Appeal Type Income Tax Appeal
Pronouncement Date 25-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 25-11-2019
Assessment Year 2013-2014
Appeal Filed On 05-08-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH ES SMC JODHPUR BEFORE: SHRI. N.K.SAINI VICE PRESIDENT ITA NO.263/JODH/2019 ASSESSMENT YEAR : 2013-14 SHRI GURPREET SINGH SONI C/O SATYAMSVG & CO CHARTERED ACCOUNTANTS 15-18 DIAMOND PLAZZA( FIRST FLOOR) OPP CHOUDHARY HOSPITAL. HIRAN MAGRI SECT-5 UDAIPUR VS. THE ACIT CENTRAL CIRCLE-2 UDAIPUR PAN NO: AGEPS1825R APPELLANT RESPONDENT ASSESSEE BY : SHRI YOGESH CHANDRA POKHARNA CA REVENUE BY : SHRI GIRISH MEHTA JCIT DR DATE OF HEARING : 25/11/2019 DATE OF PRONOUNCEMENT : 25/11/2019 / ORDER PER N.K. SAINI VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 28/06/2019 OF LD. CIT(A)-2 UDAIPUR. 2. THE ONLY GRIEVANCE IN THIS APPEAL READ AS UNDER: ' 1. LEARNED CIT 'A' WRONGLY CONFIRMED ADDITION OF RS. 1 50 000/- MADE BY THE LEARNED AO BY DISALLOWING INTEREST PAID ON SELF OCCU PIED HOUSE. THE DISALLOWANCE MADE IS SOLELY ON THE BASIS OF TECHNICAL GROUND AND WITHOUT FOLLOWING PROVISION OF LAW. HENCE THE ADDITION CONFIRMED IS BAD IN LAW AND BE DELETED.' 3. FACTS OF THE CASE IN BRIEF ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME ON 20/09/2013 DECLARING AN INCOME OF RS. 7 97 020/- LA TER ON THE CASE WAS SELECTED FOR SCRUTINY. THE ASSESSING OFFICER FRAMED THE ASSE SSMENT AT THE SAME INCOME UNDER SECTION 143(3) OF THE INCOME TAX ACT 1961 (H EREINAFTER REFERRED TO AS 2 ACT). THEREAFTER THE ASSESSING OFFICER PASSED THE ORDER DATED. 03/10/2018 UNDER SECTION 154 OF THE ACT AND ASSESSED THE INCOM E AT RS. 16 07 985/- ONE OF THE ADDITION WAS OF RS. 1 50 000/- BY DISALLOWING T HE CLAIM OF THE ASSESSEE AMOUNTING TO RS. 1 50 000/- UNDER SECTION 24(B) OF THE ACT FOR THE REASON THAT NO DOCUMENTARY EVIDENCE WAS FURNISHED. THE ASSESSEE MO VED AN APPLICATION UNDER SECTION 154 OF THE ACT WHICH WAS REJECTED BY THE ASSESSING OFFICER. 4. BEING AGGRIEVED THE ASSESSEE CARRIED THE MATTER TO THE LD. CIT(A) WHO CONFIRMED THE ACTION OF THE ASSESSING OFFICER BY OB SERVING THAT IN ABSENCE OF CERTIFICATE AS REQUIRED BY THE PROVISIONS OF LAW IT WAS A MISTAKE APPARENT FROM THE RECORD. 5. NOW THE ASSESSEE IS IN APPEAL. 6. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE CERTIFICATE FOR CLAIM OF INTEREST ON SELF OCCUPIED HOUSE PROPERTY UNDER SECT ION 24(B) OF THE ACT WAS NOT AVAILABLE EARLIER WITH THE ASSESSEE THEREFORE IT C OULD NOT BE PRODUCED. ALTHOUGH DETAILS OF THE INTEREST PAID ON THE HOUSING LOAN WE RE FURNISHED BEFORE THE ASSESSING OFFICER AS WELL AS THE LD. CIT(A). IT WAS STATED THAT THE CLAIM OF THE ASSESSEE WAS NOT WRONG AND WAS BASED ON THE BANK ST ATEMENT AND THAT THE PAYMENT OF INTEREST WAS MADE TO THE BANK ON HOUSING LOAN THEREFORE THE ASSESSING OFFICER OUGHT TO HAVE ACCEPTED THE CLAIM OF THE ASSESSEE AND THE LD. CIT(A) WAS NOT JUSTIFIED IN CONFIRMING THE ACTION O F THE ASSESSING OFFICER. 6.1 IN HIS RIVAL SUBMISSIONS THE LD. SR. DR STRONG LY SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 3 7. I HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PA RTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IN THE PRESENT CA SE IT APPEARS THAT THE AUTHORITIES BELOW DID NOT DOUBT THE CLAIM OF THE AS SESSEE BUT THE SAME WAS NOT ALLOWED FOR THE REASON THAT THE ASSESSEE COULD NOT PRODUCE THE CERTIFICATE FROM THE BANK. NOW THE LD. COUNSEL FOR THE ASSESSEE HAD FURNISHED THE COPY OF THE BANK CERTIFICATE WHEREIN IT WAS MENTIONED THAT INTE REST PAID FROM 01/04/2012 TO 31/03/2013 WAS RS. 4 76 690/-. I THEREFORE DEEM IT APPROPRIATE TO SET ASIDE THIS ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER TO DECIDE THE SAME AFTER CONSIDERING THE AFORESAID BANK CERTIFICATE NOW PROD UCED BY THE ASSESSEE IN ACCORDANCE WITH LAW AFTER PROVIDING DUE AND REASON ABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 8. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT ON 25/11/2019) SD/- ( N.K. SAINI) VICE PRESIDENT AG DATE: 25/11/2019 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. CIT 4. THE CIT(A) 5. DR ITAT JODHPUR 6. GUARD FILE