Cheriyan K Jared, CHENNAI V. ACIT, CHENNAI

ITA 207/CHNY/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4456 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 29-05-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 23-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NETHRAPAL IRS
• Assessee Lawyers: B RAMAKRISHNAN
• Keywords: Additional evidence

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A (SMC) BENCH : CHENNAI . , [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT M EMBER ] ./I.T.A. NO.207/MDS/2017 / ASSESSMENT YEAR : 2009-2010 MR. CHERIYAN K. JARED, RAJ PARIS, SURYA APARTMENTS, FLAT NO. 1C, FIRST FLOOR, NO.21/9, CENETOPH ROAD, SECOND LANE TEYNAMPET, CHENNAI 600 018. [PAN AECPC 6020Q] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 16, CHENNAI. ( !' / APPELLANT) ( #$!' /RESPONDENT) / APPELLANT BY : SHRI. B. RAMAKRISHNAN, FCA. /RESPONDENT BY : SHRI. M.S. NETHRAPAL, IRS, JCIT /DATE OF HEARING : 29-05-2017 !' /DATE OF PRONOUNCEMENT : 31-05-2017 % / O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST AN ORDER DATED 31.10.2016 OF LD. COMMISSIONER OF INCOM E TAX (APPEALS)- 4, CHENNAI. ITA NO.207/MDS/2017 :- 2 -: 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTE D THAT ASSESSEE HAD MADE A MISTAKE WHILE FILING THE RETURN OF INCOME, WHEREBY THE ADDRESS OF THE HOUSE PROPERTY, OWNED B Y THE ASSESSEE WAS INADVERTENTLY MENTIONED AS FLAT NO.1C, FIRST FL OOR, NO.9, SECOND LANE, CENOTAPH ROAD, TEYNAMPET, CHENNAI, WHEREAS TH E ACTUAL ADDRESS OF THE PROPERTY WAS FLAT NO. W-42, FOURTH F LOOR, HERITAGE SHANKARA, NEW NO.64 AND 66, OLD NO.62 AND 63 MAYOR RAMA SPURTANK ROAD, CHETPET, CHENNAI 600 031. AS PER THE ASSESSE E THE DISALLOWANCE OF INTEREST OF D6,90,455/- CLAIMED B Y IT U/S. 24(B) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS MA DE FOR THE SOLE REASON THAT THE INTEREST PAYMENT WAS CLAIMED ON FLA T NO. W-42, FOURTH FLOOR, HERITAGE SHANKARA, NEW NO.64 AND 66, OLD NO.62 AND 63 MAYOR RAMA SPURTANK ROAD, CHETPET, CHENNAI 600 031 AND FOR NON PRODUCTION OF DOCUMENTARY EVIDENCE. LD. COUNSEL SUB MITTED THAT ASSESSEE OWNED ONLY ONE RESIDENTIAL FLAT MENTIONED AT ADDRESS SECOND GIVEN ABOVE, WHICH WAS LET OUT BY HIM. AS PER THE LD. AUTHORISED REPRESENTATIVE THE RENTAL INCOME THEREFROM WAS SHO WN IN THE RETURN OF INCOME. CONTENTION OF THE LD. AUTHORISED REPRES ENTATIVE WAS THAT THE FIRST ADDRESS FLAT NO.1C, FIRST FLOOR, NO.9, SE COND LANE, CENOTAPH ROAD, TEYNAMPET, CHENNAI WAS A RENTED PREMISES, WHE RE ASSESSEE WAS STAYING AND THE ACTUAL OWNER OF THE SAID PROPER TY WAS ONE CAP AJITH T. JOSEPH. ITA NO.207/MDS/2017 :- 3 -: 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE STATED THAT DESPITE BEING GIVEN A NUMBER OF OPPORTUNITIES ASSES SEE COULD NOT PRODUCE ANY EVIDENCE IN SUPPORT OF ITS CONTENTION. 4. I HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. LD. AUTHORISED RE PRESENTATIVE HAS FILED AN APPLICATION REQUESTING ADMISSION ADDITI ONAL EVIDENCE IN ACCORDANCE WITH RULE 29 OF INCOME TAX (APPELLATE TR IBUNAL) RULES, 1963. I FIND THAT SUCH ADDITIONAL EVIDENCE COMPR ISE OF A COPY OF THE PURCHASE DEED OF THE FLAT NO. W-42, FOURTH FLOOR, H ERITAGE SHANKARA, NEW NO.64 AND 66, OLD NO.62 AND 63 MAYOR RAMA SPURT ANK ROAD, CHETPET, CHENNAI 600 031 AND A RENTAL AGREEMENT FOR FLAT NO.1C, FIRST FLOOR, NO.9, SECOND LANE, CENOTAPH ROAD, TEYNAMPET, CHENNAI. IT MIGHT BE TRUE THAT ASSESSEE HAD NOT PRODUCED THESE RECORDS BEFORE THE LOWER AUTHORITIES DESPITE NUMBER OF OPPORTUNIT IES GIVEN TO IT. HOWEVER, EVIDENCE PRODUCED BEFORE ME, ARE SUCH THAT , IF THEY ARE NOT CONSIDERED, IT WILL RESULT IN MISCARRIAGE OF JUS TICE. NO ASSESSEE CAN BE PENALIZED FOR A SIMPLE CLERICAL MISTAKE, WHERE BY A WRONG ADDRESS HAS BEEN SHOWN. DISALLOWANCE OF CLAIM U/S.24(B) OF THE ACT WAS MADE ONLY FOR A REASON THAT HOUSING LOAN INTEREST CERT IFICATE GIVEN BY M/S. HDFC REFLECTED ADDRESS FLAT NO. W-42, FOURTH FLOOR, HERITAGE SHANKARA, NEW NO.64 AND 66, OLD NO.62 AND 63 MAYOR RAMA SPURTANK ITA NO.207/MDS/2017 :- 4 -: ROAD, CHETPET, CHENNAI 600 031. IN THE CIRCUMSTANC ES, I AM OF THE OPINION THAT THE MATTER REQUIRES A FRESH LOOK BY TH E LD. ASSESSING OFFICER. I SET ASIDE THE ORDERS OF THE LOWER AUTHO RITIES AND REMIT THE ISSUE REGARDING CLAIM OF INTEREST U/S. 24(B) OF THE ACT BACK TO THE FILE OF THE LD. ASSESSING OFFICER, FOR CONSIDERATION AF RESH IN ACCORDANCE WITH LAW. ASSESSEE IS DIRECTED TO FILE THE EVIDENC E IN SUPPORT OF ITS CLAIM BEFORE LD. ASSESSING OFFICER, WHO WILL BE PRO CEED AS PER LAW. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSE. ORDER PRONOUNCED ON WEDNESDAY, THE 31 ST DAY OF MAY, 2017, AT CHENNAI. SD/- ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED:31ST MAY, 2017. K V &' ()*) / COPY TO: 1 . / APPELLANT 3. +,- / CIT(A) 5. )./ 0 / DR 2. / RESPONDENT 4. + / CIT 6. /12 / GF