KRISHAN GOPAL MATHURYA, Jaipur v. ACIT, Jaipur

ITA 640/JPR/2015 | 2009-2010
Pronouncement Date: 27-09-2016 | Result: Allowed

Appeal Details

RSA Number 64023114 RSA 2015
Assessee PAN ACIPG3989L
Bench Jaipur
Appeal Number ITA 640/JPR/2015
Duration Of Justice 1 year(s) 2 month(s) 20 day(s)
Appellant KRISHAN GOPAL MATHURYA, Jaipur
Respondent ACIT, Jaipur
Appeal Type Income Tax Appeal
Pronouncement Date 27-09-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted Not Allotted
Tribunal Order Date 27-09-2016
Assessment Year 2009-2010
Appeal Filed On 07-07-2015
Judgment Text
VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCHES (SMC) JAIPUR JH HKKXPUN] YS[KK LNL; DS LE{K BEFORE: SHRI BHAGCHAND ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 640/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10 SHRI KRISHNA GOPAL MATHURIA PROP.: M/S. SATYA TRADING CORPORATION LOHA MANDI S.C. ROAD JAIPUR CUKE VS. THE ACIT CIRCLE- 3 JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ACIPG 3989 L VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: SHRI RISHABH AGARWAL CA JKTLO DH VKSJ LS@ REVENUE BY:SHRI R.A. VERMA ADDL.CIT - DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 20/09/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 27/09/2016 VKNS'K@ ORDER PER BHAGCHAND AM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-1 JAIPUR DATED 8-05-2015 FOR THE ASSESSME NT YEAR 2009-10 RAISING THEREIN FOLLOWING GROUND OF APPEAL. THE LD. CIT(A) HAS ERRED IN LAW AND FACTS OF THE CASE BY DISMISSING THE RECTIFICATION APPLICATION MADE U /S 154 OF THE I.T. ACT 1961 OBSERVING THAT THERE IS NO MIS TAKE APPARENT FROM RECORD IN ITS PREVIOUS ORDER MAKING DISALLOWANCE OF INTEREST ON HOUSING LOAN OF RS. 2 6 8 518/- ITA NO. 640/JP/2015 SHRI KRISHNA GOPAL MATHURIA VS. ACIT CIRCLE- 3 JA IPUR . 2 2.1 THE FACTS IN BRIEF ARE THAT THE ASSESSEE HAD N OT CLAIMED THE PAYMENT OF INTEREST OF HOUSING LOAN OF RS. 2 68 518 /- IN THE RETURN OF INCOME FOR THE ASSESSMENT YEAR 2009-10. IT IS ALSO NOTED THAT DURING THE ASSESSMENT PROCEEDINGS THE ASSESSEE HAD CLAIMED FOR ALLOWING THE PAYMENT OF INTEREST ON HOUSING LOAN WHICH IS EVIDEN T FROM PARA 9 OF PAGE 37 OF THE PAPER BOOK AND THE SUBMISSION MADE BY THE ASSESSEE BEFORE THE ACIT-3 JAIPUR IS REPRODUCED AS UNDER:- 9. THAT THE ASSESSEE PAID HOUSING LOAN INTEREST AT RS. 268517.93 DURING THE RELEVANT PREVIOUS YEAR BUT BY OMISSION THIS INTEREST WAS NOT CLAIMED WHILE COMPUT ING THE TOTAL INCOME OF ASSESSEE. THIS PROPERTY IS USED BY ASSESSEE FOR RESIDENCE AS WELL AS FOR BUSINESS. REBATE OF TH IS INTEREST MAY KINDLY BE GIVEN WHILE ASSESSING U/S 143(3) OF I .T. ACT IN VIEW OF CBDT CIRCULAR NO. 14(XL-135) OF 1995 DATED 11- 04-1994. COPY OF CIRCULAR IS ENCLOSED IN THIS RESPE CT. PROOF REGARDING INTEREST PAYMENT IS ENCLOSED. THIS INTERE ST WAS CLAIMED IN PRECEDING YEARS ALSO. COMPUTATION IS ENC LOSED IN THIS RESPECT. 2.2 THE LD. CIT(A) HAS NOT ALLOWED THIS GROUND OF T HE ASSESSEE. THE LD. CIT(A) HAS ALSO TAKEN INTO CONSIDERATION THE RECTI FICATION APPLICATION OF THE ASSESSEE AND OBSERVED THAT THE ASSESSEE HAS FIL ED THE RECTIFICATION ITA NO. 640/JP/2015 SHRI KRISHNA GOPAL MATHURIA VS. ACIT CIRCLE- 3 JA IPUR . 3 APPLICATION AFTER A LAPSE OF ALMOST A YEAR AND THE REASON FOR THE DELAY HAS NOT BEEN SPECIFIED. THE DETAILED OBSERVATION OF THE LD. CIT(A) DISALLOWING THE RECTIFICATION APPLICATION OF THE ASSESSEE IS RE PRODUCED AS UNDER:- 3.2 THAT I HAVE CAREFULLY PERUSED THE ASSESSEE'S SUBMISSION AND THE CASE RECORD OF THE ASSESSEE. FUR THER I HAVE ALSO GONE THROUGH THE ASSESSMENT ORDER AND ALSO TAK EN A NOTE OF FACTUAL MATRIX OF THE CASE. IT IS PERTINENT TO MENT ION THAT THE ASSESSEE HAS FILED RECTIFICATION APPLICATION AFTER LAPSE OF ALMOST A YEAR AND IN THE SAID RECTIFICATION APPLICATION REA SON FOR DELAY HAS NOT BEEN SPECIFIED. I HAVE ALSO CAREFULLY PERUSED THE CASE RECORD OF IT A NO. 238/11-12 AND DONT FIND (1) COPY OF PAN ISSUED IN THE NAME OF SHRI KRISHNA GOPAL GUPTA (2) COPY OF NEW ISSUED IN THE NAME OF SHRI KRISHNA GOPAL MATHRIA (3) COPY OF ITR V FOR A .Y. 2010-11 AND (4) ITR ACKNOWLEDGEMENT FOR A.Y. 2009-10. FOR T HE SAKE OF CLARITY ASSESSEE'S SUBMISSION MADE FOR GROUND NO. 1 IN ITA NO. 238/11-12 IS REPRODUCED AS UNDER:- .1 THAT THE ASSESSEE HAD TAKEN LOAN FOR PROPERTY USED FOR RESIDENCE AS WELL AS FOR BUSINESS. THE ASSESSEE HAD PAID INTEREST ON HOUSING LOAN AT RS. 2 68 518/- DURING T HE RELEVANT A.Y. 2009-10 HOWEVR THE INTEREST OMITTED TO BE CLAI MED IN THE RETURN OF INCOME. DURING THE ASSESSMENT PROCEEDINGS THE FACT WAS BROUGHT TO THE NOTICE OF THE ASSESSING OF FICER AND DEDUCTION OF RS. 2 65 518/- WAS CLAIMED U/S 24(B). HOWEVER THE AO DID NOT CONSIDER IT. 2. THAT IN THE A.Y. 2008-09 ALSO THE ASSESSEE HAD O MITTED TO CLAIM DEDUCTION U/S 80C OF PRINCIPAL AMOUNT OF L OAN REPAID TO BANK IN RETURN OF INCOME. IN THE APPEAL THE HON'BLE CIT (A)-1 JAIPUR CONSIDERED THE CLAIM OF THE ITA NO. 640/JP/2015 SHRI KRISHNA GOPAL MATHURIA VS. ACIT CIRCLE- 3 JA IPUR . 4 ASSESSEE AND DIRECTED THE AO TO ALLOW THE CLAIM U/ S 80C OF THE I.T. ACT 1961 (COPY OF APPELLATE ORDER ENCLOSE D) 3. THAT CBDT IN CIRCULAR NO. 14(XL-35) DATED 11-04- 1995 (TITLED ADMINISTRATIVE INSTRUCTIONS FOR GUIDAN CE OF INCOME TAX OFFICERS ON MATTERS PERTAINING TO ASSESS MENT) DIRECTED AS UNDER:- .OFFICER OF THE DEPARTMENT XXXXXXXXXXXXX REFUN D AND RELIEF. THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF DATTA TRAYA GOPAL SHETTE VS. CIT (1984) 150 ITR 460 WITH REFERE NCE TO THE ABOVE CIRCULAR MADE FOLLOWING OBSERVATIONS. ..IT IS NOW WELL SETTLED THAT EVEN IF XXXXXXXXX XX HAVE BEEN CARRIED OUT.. 4. THAT CERTIFICATE FOR GE MONEY DATED 25-08-2011 O F INTEREST PAID ON HOUSING LOAN OF RS. 2 68 518/- FOR THE F.Y. 2008-09 IS ENCLOSED HEREWITH. LD. CIT(A)-1 JAIPUR VIDE ORDER DATED 31-01-2014 HA S OBSERVED AS UNDER:- .. I HAVE CONSIDERED THE FACTS OF THE CASE IT I S SEEN THAT THE AO HAS NOT DISCUSSED THIS ISSUE AT ALL. IT IS HOWEVER NOTED THAT THE APPELLANT HAS FURNISHED THE CERTIFICATE IN THE NAME OF ONE SH RI KRISHAN GOPAL GUPTA. MOREOVER THERE IS NOTHING ON RECORD TO SHOW THAT THE SAID CERTIFICATE PERTAINS TO THE APPELLANT. SINCE NO DET AILS HAVE BEEN FURNISHED EITHER AT THE ASSESSMENT STAGE OR AT THE APPELLATE STAGE ON THIS ISSUE I DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE AO. THE APPEAL ON THIS GROUND THEREFORE FAILS. AFTER DUTY CONSIDERING THE ASSESSEE'S SUBMISSION AN D ALSO PERUSING THE CASE RECORD I DO NOT FIND ANY MISTAKE APPARENT FROM THE RECORD. ITA NO. 640/JP/2015 SHRI KRISHNA GOPAL MATHURIA VS. ACIT CIRCLE- 3 JA IPUR . 5 ACCORDINGLY NO FURTHER INTERFERENCE IS REQUIRED IN THE APPELLATE ORDER ALREADY DECIDED BY MY PREDECESSOR THE THEN LD. CI T(A)-1 JAIPUR. 4. IN THE RESULT THE RECTIFICATION APPLICATION IS DISMISSED. 2.3 THE LD. AR OF THE ASSESSEE PRAYED FOR ALLOWING THE CLAIM OF INTEREST OF RS. 2 68 518/- PAID ON HOUSING LOAN. 2.4 THE LD. DR RELIED ON THE ORDERS OF THE LOWER AU THORITIES. 2.5 I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS NOTED FROM THE RECORD T HAT THE ASSESSEE HAD MADE REQUEST FOR ALLOWING THE CLAIM OF INTEREST OF RS. 2 68 518/- PAID ON HOUSING LOAN WHICH IS EVIDENT FROM PARA 9 OF HIS AP PLICATION BEFORE THE ACIT CIRCLE- 3 JAIPUR (SUPRA). THE ASSESSEE HAS A LSO SUBMITTED THE DETAILS REGARDING CHANGE IN THE NAME OF PAN WHICH I S EVIDENT FROM PAGE 30 AND 31 OF THE PAPER BOOK. AT PAGE 30 THE EARLIE R NAME OF ASSESSEE IS MENTIONED AS KRISHAN GOPAL GUPTA S/O SHRI BADRI LAL BEARING PAN ACIPG 3989L WHICH HAS NOW BEEN MODIFIED BEARING NAM E OF THE ASSESSEE AS KRISHNA GOPAL MATHURIA S/O SHRI BADRI L AL MATHURIA WITH PAN ACIPG 3989 L (PAGE 31). CONSIDERING ALL THESE F ACTUAL MATRIX I FIND THAT THERE IS MERIT IN THE CONTENTION OF THE A SSESSEE AND THE REVENUE SHOULD HAVE ALLOWED THE CLAIM OF THE ASSESSEE FOR P AYMENT OF INTEREST ON ITA NO. 640/JP/2015 SHRI KRISHNA GOPAL MATHURIA VS. ACIT CIRCLE- 3 JA IPUR . 6 THE HOUSING LOAN. THEREFORE I DIRECT THE AO TO ALL OW THE CLAIM OF THE ASSESSEE. 3.0 IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 27 /09 /2016. SD/- HKKXPUN ( BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 27 /09/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI KRISHNA GOPAL MATHURIA 2. IZR;FKHZ@ THE RESPONDENT- THE ACIT CIRCLE- 3 JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR ITAT JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 640/JP/2015) VKNS'KKUQLKJ@ BY ORDER LGK;D IATHDKJ @ ASSISTANT. REGISTRAR