Sujata Dixit Shah, Ahmedabad V. The Assessing Officer, Ward-6(1)(3), Ahmedabad

ITA 2607/AHD/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6932 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 27-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B P SRIVASTAVA LD
• Assessee Lawyers: CHETAN L AGARWAL
• Keywords: Set aside

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH SMC BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ITA NO. 2607/AHD/2017 / ASSESSMENT YEAR: 2014-15 SUJATA DIXIT SHAH 77, GIRDHARNAGAR SOCIETY GIRDHARNAGAR, SHAHIBAUG AHMEDABAD 380 004. PAN : AMEPS 0555 J VS ITO, WARD-6(1)(3) AHMEDABAD. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI CHETAN L. AGARWAL REVENUE BY : SHRI B.P. SRIVASTAVA, LD.DR / DATE OF HEARING : 01/05/2019 /DATE OF PRONOUNCEMENT : 03/05/2019 O R D E R ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST O RDER OF THE LD.CIT(A)-6, AHMEDABAD DATED 19.9.2017 PASSED FOR T HE ASSTT.YEAR 2014- 15. 2. SOLE GRIEVANCE OF THE ASSESSEE IS THAT THE LD.CI T(A) HAS ERRED IN CONFIRMING THE ADDITION OF RS.1,94,552/- WHICH WAS ADDED BY THE AO ON ACCOUNT OF INTEREST INCOME ASSUMED TO HAVE BEEN EAR NED BY THE ASSESSEE. 3. IT WAS CONTENDED BEFORE ME THAT THE LD.AO GOT AN INFORMATION THAT THE ASSESSEE HAS INTEREST INCOME FROM NUTAN NAGRIK SAHKARI BANK LTD. WHICH IS NOT OFFERED FOR TAXATION. THUS, ON THE BA SIS OF INFORMATION SUPPLIED BY THE BANK, LD.AO HARBOURED A BELIEF THAT THE ASSESSEE HAS INTEREST INCOME OF RS.1,94,552/-. THE LD.COUNSEL F OR THE ASSESSEE ITA NO.2607/AHD/2017 - 2 - CONTENDED THAT NUTAN NAGRIK SAH. BANK LTD., HAS GIV EN A CERTIFICATE WHICH WAS PRODUCED BEFORE THE LD.CIT(A) BUT NOT TAK EN INTO CONSIDERATION SHOWING THAT INTEREST OF RS.37,606/- WAS PAID TO THE ASSESSEE ON THE FIXED DEPOSITS. HENCE, EARLIER THE BANK HAS GIVEN WRONG INFORMATION WHICH HAS BEEN USED BY THE AO AGAINST T HE ASSESSEE. ON DUE CONSIDERATION OF THE LETTER OF THE BANK DATED.2 6.10.2016, I DEEM IT APPROPRIATE TO SET ASIDE THIS ISSUE TO THE FILE OF THE AO. THE LD.AO SHALL RE-COMPUTE THE EXACT INTEREST INCOME EARNED BY THE ASSESSEE FROM THE DEPOSITS WITH NUTAL NAGARIK SAH. BANK LTD. THE ASS ESSEE WILL BE AT LIBERTY TO FURNISH EVIDENCE OR EXPLANATION SHOWING EXACT INTEREST INCOME RECEIVED BY HER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. PRONOUNCED IN THE OPEN COURT ON 3 RD MAY, 2019. SD/- (RAJPAL YADAV) JUDICIAL MEMBER