TASNEEM S. LOKHANDWALA LEGAL REPRESENTATIVE OF SIRAJ TAHERALI LOKHANDWALA ( DECEASED0, MUMBAI V. DCIT 9(2), MUMBAI

ITA 1556/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7945 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 26-02-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: D P BADANI
• Keywords: Salary income; Opportunity of being heard; Source of fund

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI S.V. MEHROTRA (AM) & SHRI VIJAY PAL RAO (JM) I.T.A.NO.1556/MUM/2010 (A.Y.2007-08 ) TASNEEM S. LOKHANDWALA, L/R OF SIRAJ TAHERALI LOKHANDWALA (DECEASED), 48, INDRANARAYAN RD., SANTACRUZ(W), MUMBAI-400 054. PAN:AAAPL3690H VS. DY. COMMR. OF INCOME-TAX-9(2), R.NO. 262, AAYKAR BHAVAN, 2 ND FLOOR, M.K. ROAD, MUMBAI-400 020. APPELLANT RESPONDENT APPELLANT BY SHRI D.P. BADANI. RESPONDENT BY SHRI S .K. SINGH. O R D E R PER S.V. MEHROTRA, AM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-20, MUMBAI, IN RELATION TO ASSTT. YEAR 2007-08. 2. THE ASSESSEE IS AN INDIVIDUAL AND FILED HIS RETU RN OF INCOME DECLARING INCOME OF RS.2,44,98,542/-. IT IS STATED IN THE STA TEMENT OF FACTS THAT THE MAIN SOURCES OF INCOME WERE SALARY INCOME, INCOME FROM H OUSE PROPERTY AND INCOME FROM OTHER SOURCES. THERE WAS ALSO A LONG-TERM CAP ITAL LOSS OF RS.20,28,373/- FROM SALE OF SHARES WHICH WAS NOT SET OFF AGAINST I NCOME BUT WAS CLAIMED TO BE CARRIED FORWARD. IT IS FURTHER STATED THAT THE AO, WHILE ISSUING INTIMATION DATED 15-08-2008, INTER ALIA, DID NOT GIVE CREDIT FOR TDS FROM SALARY AMOUNTING TO RS.60,03,000/-. 3. THE ASSESSEE HAD PREFERRED APPEAL BEFORE THE CIT (A) AND, INTER ALIA, HAD TAKEN THE FOLLOWING GROUND OF APPEAL : ITA NO.1556/M/10 TASNEEM S. LOKHANDWALA. 2 (II) (I) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LEARNED DEPUTY COMMISSIONER OF INCOME-TAX, ERRED IN NOT GIVING THE CREDIT FOR TAX DEDUCTED AT SOURCE FROM SALARY AMOUN TING TO RS.60,30,000/- OUT OF THE TOTAL TDS OF RS.71,58,696 /- IN THE INTIMATION PASSED U/S. 143(1)(A). (II) THE LEARNED DEPUTY COMMISSIONER OF INCOME-TA X FURTHER ERRED AND FAILED TO APPRECIATE HAT IN THE E-RETURN FILED ON LINE FULL DETAILS OF TAX DEDUCTED AT SOURCES OF RS.60,30,000/- FROM SALA RY INCOME OF RS.1,79,97,500/- IS GIVEN INCLUDING THE PAN/TAN & N AME & ADDRESS OF THE DEDUCTERS WHICH CAN BE VERIFIED FROM THE DAT ABASE OF THE INCOME-TAX. (III) THE APPELLANT THEREFORE PRAYS THAT THE ASSES SING OFFICER BE DIRECTED TO GIVE CREDIT FOR THE TAX DEDUCTED AT SO URCES FROM SALARY AMOUNTING TO RS.60,30,000/-. 4. THE LEARNED COUNSEL FOR THE ASSESSEE POINTED OUT THAT THE LD. CIT(A) HAS NOT DECIDED THIS ISSUE AND, THEREFORE, THE MATTER M AY BE RESTORED TO THE FILE OF CIT(A) TO DECIDE THE AFOREMENTIONED GROUND. 5. AFTER GOING THROUGH THE ORDER OF THE LD. CIT (A) , WE FIND THAT HE HAS NOT DISPOSED OF THE AFOREMENTIONED GROUND. WE, THEREFOR E, RESTORE THE MATTER TO THE FILE OF LD. CIT(A) TO DISPOSE OF THE SAME AFTER GI VING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED ON THE 25TH DAY OF MARCH, 201 1. SD/- SD/- (VIJAY PAL RAO) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 25TH MARCH , 2011. NG: COPY TO : ITA NO.1556/M/10 TASNEEM S. LOKHANDWALA. 3 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A)-20,MUMBAI. 4 CIT-9,MUMBAI. 5.DR,E BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI. ITA NO.1556/M/10 TASNEEM S. LOKHANDWALA. 4 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 25-02-2011 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR -03-2011 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER