Chandrahasan Senthil Kumar, CHENNAI v. ACIT NCR 15(1), CHENNAI

ITA 984/CHNY/2019 | 2014-2015
Pronouncement Date: 07-11-2019 | Result: Partly Allowed

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Appeal Details

RSA Number 98421714 RSA 2019
Assessee PAN ABGPS4588J
Bench Chennai
Appeal Number ITA 984/CHNY/2019
Duration Of Justice 6 month(s) 27 day(s)
Appellant Chandrahasan Senthil Kumar, CHENNAI
Respondent ACIT NCR 15(1), CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 07-11-2019
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 07-11-2019
Last Hearing Date 11-07-2019
First Hearing Date 11-07-2019
Assessment Year 2014-2015
Appeal Filed On 10-04-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . . . [BEFORE SHRI N.R.S. GANESAN JUDICIAL MEMBER AND SHRI INTURI RAMA RAO ACCOUNTANT MEMBER ] ./I.T.A. NO. 984/CHNY/2019 ! / ASSESSMENT YEAR : 2014-2015. CHANDRAHASAN SENTHIL KUMAR NO.31 JOURNALIST COLONY THIRUVANMIYUR CHENNAI 600 041. VS. THE ASSISTANT COMMISSIONER OF INCOME TAX NON CORPORATE CIRCLE 15 CHENNAI 600 034. [PAN ABGPS 4588J ( / APPELLANT) ( /RESPONDENT) '# $ % / APPELLANT BY : SHRI. K. BALASUBRAMANIAN ADV &' '# $ % /RESPONDENT BY : SHRI. AR.V. SREENIVASAN JCIT. ( ) $ * /DATE OF HEARING : 22-10-2019 + ! $ * /DATE OF PRONOUNCEMENT : 07-11-2019 / O R D E R PER INTURI RAMA RAO ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1 5 CHENNAI (CIT(A) FOR SHORT) DATED 28.02..2019 FOR THE ASSE SSMENT YEAR (AY) 2014-2015. 2. THE ASSESSEE RAISED THE FOLLOWING GROUNDS OF APPEAL : ITA NO.984/CHNY/2019 :- 2 -: 1. LEARNED AO ERRED IN ADDING RS.38 83 918 TOWARD S UNDER REPORTING OF GROSS RECEIPTS IN ROL WHEN COMPARED TO FORM 26AS (RS.34 83 918+RS.4 00 000) AND CIT (A) ERRED IN CON FIRMING THE ADDITION 2. CONTRARY TO FACTS THE SUM OF RS.34 83 918 HAVING BEEN ADMITTED IN EARLIER AYS ADDITION MADE IN THIS AY IS INCORRE CT. 3. CONTRARY TO FACTS THE SUM OF RS.4 00 000 BEING R ETENTION DEPOSIT ADDITION MADE IN THIS AY IS INCORRECT. 4. LEARNED AO ERRED IN RELYING ON MISMATCH OF GROSS RECEIPTS AND TDS FOR AY 11-12 & 13-14 IN THIS AY WHICH HAVE TO V ERIFIED IN RESPECTIVE AYS AND ERRED IN STATING THAT THE PAYER DID NOT DEDUCT TAX ON THE PAYMENTS MADE TO APPELLANT WHICH IS NOT A FAULT OF THE APPELLANT. 5. LEARNED CIT (A) WITHOUT FULLY APPRECIATING FACTS ERRED IN HOLDING THAT APPELLANT FAILED TO SUBSTANTIATE THE GROUNDS R AISED AND THAT THE RECEIPTS WERE OFFERED TO TAX IN EARLIER ASST. YEARS STOOD NOT PROVED. FOR THE REASONS STATED ABOVE AND THOSE THAT MAY BE ADDUCED AT THE TIME OF HEARING APPELLANT PRAYS THAT HONBLE ITAT BE PLEASED TO DELETE THE ADDITION OF RS.38 83 918. APPELLANT CRAV ES THE LEAVE OF THE ITAT TO FILE ADDITIONAL GROUNDS AND/OR EVIDENCE IN SUPPORT OF THE GROUNDS OF APPEAL. 3. THE BRIEF FACTS OF THE CASE ARE AS UNDER: THE APPELLANT IS AN INDIVIDUAL. THE RETURN OF INCOM E FOR THE AY 2014-15 WAS FILED ON 28.09.2014 DISCLOSING TOTAL INCOME OF RS. 83 06 870/-. AGAINST THE SAID RETURN OF INCOME TH E ASSESSMENT WAS COMPLETED BY THE ASSISTANT COMMISSIONER OF INCOME TAX NON CORPORATE CIRCLE 15(1) CHENNAI VIDE ORDER DATED 28 .12.2016 PASSED U/S. 143(3) OF THE INCOME TAX ACT 1961 (FOR SHORT THE ACT) AT TOTAL INCOME OF RS. 1 21 90 790/-. WHILE DOING SO THE ASSESSING OFFICER MADE ADDITION ON ACCOUNT OF MISMATCH IN THE INCOME SHOWN IN THE RETURN OF INCOME AND FORM 26AS. IT IS SUBMITTED TH AT MISMATCH IS ON ACCOUNT OF DIFFERENCE IN RECONCILIATION OF INCOME AND THE ASSESSING ITA NO.984/CHNY/2019 :- 3 -: OFFICER MADE ADDITION WITHOUT PROPERLY APPRECIATING THE EXPLANATION GIVEN BY THE ASSESSEE IN RESPECT OF MISMATCH OF THE INCOME SHOWN IN FORM 26AS AND THE RETURN OF INCOME. EVEN THE LD. CO MMISSIONER OF INCOME TAX (APPEALS) DISMISSED THE APPEAL FILED BY THE ASSESSEE WITHOUT PROPERLY APPRECIATING THE MATERIAL ON RECO RD AND GRANTING REASONABLE OPPORTUNITY. 4. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATE RIAL ON RECORD. WE ARE OF THE CONSIDERED OPINION THAT THE M ATTER SHOULD BE SENT BACK TO THE ASSESSING OFFICER FOR DENOVO ASSES SMENT IN ACCORDANCE WITH LAW ACCORDINGLY WE ORDER SO. 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON 7TH DAY OF NOVEMBER 2019 AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER - ) / CHENNAI . / DATED:7TH NOVEMBER 2019. KV $ &*01 21!* / COPY TO: 1 . '# / APPELLANT 3. ( 3* () / CIT(A) 5. 16 &*7 / DR 2. &' '# / RESPONDENT 4. ( 3* / CIT 6. 8 9) / GF