MAYUR MURALIDHAR PAREKH, AMRAVATI V. DEPUTY COMMISSIONER OF INCOME TAX. CPCP, BANGLORE

ITA 27/NAG/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 2485 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 21-03-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 22-01-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY Y. MARATHE
• Section: 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR “SMC” BENCH :NAGPUR [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.27/NAG./2023 Assessment Year 2017-2018 Shri Mayur Muralidhar Parekh, C/o. Bartan Bazaar, Old Sarafa Near Jain Mandir, AMRAVATI. PIN – 444 901 Maharashtra PAN AJJPP9540N vs. The DCIT, Centralised Processing Centre, Bengaluru. (Appellant) (Respondent) For Assessee : Shri R.B. Atal For Revenue : Shri Abhay Y. Marathe, Sr. DR Date of Hearing : 22.03.2024 Date of Pronouncement : 08.05.2024 ORDER This assessee’s appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2021- 22/1037508564(1), dated 06.12.2021, involving proceedings u/s. 143(1) of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. The assessee pleads the following substantive grounds in the instant appeal : 1. “THAT the learned AO erred in assessing the insurance commission income of Rs. 487794/- doubly under the head other sources, while processing the return u/s 143(1). The same is improper, incorrect and deserves to be deleted. 2 ITA.No.27/NAG./2023 2. THAT the computing of income at Rs.9,44,500/- u/s.143(1) as against returned income of Rs.4,56,710/- is improper, unjust and intimation u/s 143(1) deserves to be modified. 3. THAT any other ground/s that may be raised at the time of hearing.” 2. Learned counsel’s sole substantive plea raised during the course of hearing is restricted to the limited extent of double addition made by both the learned lower authorities regarding insurance commission of Rs.4,87,794/- in sec.143(1) “intimation” as upheld in the NFAC’s order herein. That being the limited relief sought to the extent of double addition, the Revenue is equally fair enough in not opposing the same in principle. 3. Faced with this situation, I deem it appropriate to restore the instant assessee’s sole substantive grievance back to the Assessing Officer/CPC for afresh appropriate computation so as to ensure that no double addition made in the taxpayer’s hands. Ordered accordingly. 4. This assessee’s appeal is partly allowed for statistical purposes in above terms. Order pronounced in the open Court on 08.05.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 08 th May, 2024 VBP/- 3 ITA.No.27/NAG./2023 Copy to 1. The appellant 2. The respondent 3. The Pr. CIT, Nagpur concerned 4. D.R. ITAT, “SMC” Bench, Nagpur. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.