K. Govardhan Reddy, Hyderabad V. Income Tax Officer, Ward-12(2), Hyderabad

ITA 2270/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6597 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-07-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 29-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SURESH BABU
• Assessee Lawyers: K V CHALAMAIAH
• Section: 80C; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A SMC BENCH: HYDERABAD BEFORE B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA. NO. 2270 /HYD/ 2017 ASSESSMENT YEAR: 2011 - 2012 SHRI K. GOVARDHAN REDDY, HYDERABAD. PAN: AKBPK 5195 R VS. INCOME TAX OFFICER, WARD - 12(2), HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHR I K.V. CHALAMAIAH FOR REVENUE : B. SURESH BABU, DR DATE OF HEARING : 04 .0 7 .2018 DATE OF PRONOUNCEMENT : 04 .0 7 .2018 ORDER PER B. RAMAKOTAIAH, AM . THIS IS AN APPEAL BY ASSESSEE AGAINST ORDER OF CIT (A) - 1, HYDERABAD DATED 18.09.2017 DENYING CERTAIN CLAIMS U/S 24 AND 80C CLAIMED BY THE SALARIED PERSON. 2. BRIEFLY STATED, ASSESSEE IS A SALARIED EMPLOYEE AND FILED RETURN OF INCOME BASED ON FORM 16 GIVEN BY THE EMPLOYER. SINCE THE CASE GOT SELECTED UNDER CASS (REASON NOT SPECIFIED BY A.O.), A.O. COMPLETED ASSESSMENT EX - PARTE U/S 144 DENYING CLAIMS MADE BY ASS ESSEE U/S 24 OF THE INTEREST PAID ON HOUSING LOAN AND DEDUCTION U/S 80C ON THE PAYMENTS MADE TO VARIOUS SPECIFIED ITEMS, WHICH ARE CERTIFIED AND ALLOWED IN FORM 16 BY THE EMPLOYER. EVEN THOUGH A.O. STATES THAT ASSESSEE HAS NOT RE SPONDED TO THE NOTICES, TH ERE IS NO INDICATION OF EITHER ISSUANCE OF NOTICES OR EVEN THE DATES OF POSTING IN THE ORDER. 3. BEFORE THE LD. CIT(A) ASSESSEE FURNISHED THE COPIES OF FORM 16 ISSUED BY EMPLOYER AND CERTIFICATE FROM HDFC ISSUED IN ORDER TO ENABLE 2 TO CLAIM THE DEDUCTION UN DER IT ACT. SURPRISINGLY, LD. CIT(A) DID NOT ALLOW THE CLAIMS EXCEPT ONE AMOUNT OF LIC PREMIUM. 4. AFTER HEARING THE RIVAL CONTENTIONS AND PERUSING THE EVIDENCE PLACED ON RECORD, I AM SATISFIED THAT THE CLAIMS MADE BY THE ASSESSEE ARE GENUINE AND ARE SUPP ORTED BY FORM 16 AS WELL AS CERTIFICATE FROM HDFC. A.O. IS THEREFORE DIRECTED TO ALLOW THE AMOUNT OF INTEREST RS. 1,06 ,279/ - AS DEDUCTION U/S 24 AND THE CLAIM OF HOUSING LOAN PREPAYMENT OF RS. 19,469/ - CERTIFIED BY HDFC AND PF CONTRIBUTION OF RS. 60,545/ - AND CHILDREN EDUCATION EXPENDITURE OF RS. 32,910/ - CERTIFIED BY EMPLOYER U/S 80C. CONSEQUENTLY , THE GROUNDS RAISED IN THE ISSUES ARE ALLOWED. 5. IN THE RESULT, APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH JULY, 2018. SD/ - (B. RAMAKOT AIAH) ACCOUNTANT MEMBER HYDERABAD, DATED: 04 TH JULY, 2018. OKK, SR.PS COPY TO 1. K. GOVARDHAN REDDY, H.NO. 8 - 2 - 598/A/14/1, (NEW NO.470), OPP. OFEN BAKERY, ROAD NO.10, BANJARAHILLS, HYDERABAD - 500034. 2. INCOME TAX OFFICER, WARD 12(2), HYDERABAD. 3. COMMISSIONER OF INCOME TAX (APPEALS) - 1, HYDERABAD. 4. PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE