Subhash Sukdeo Chaudhary, At Post Shirdi V. Dy Director of Income tax , CPC , Bengluru, Bengaluru

ITA 354/PUN/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7062 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-05-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2022-2023
• Appeal Filed On: 21-02-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R.Y. BALAWADE
• Section: 201; 191

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.354/PUN/2024 नधा रण वष Assessment Year : 2022-23 Subhash Sukdeo Chaudhary, At Post Shirdi, Tal. Rahata, Dist. Ahmednagar - 423109 Maharashtra PAN : ABAPC1729P Vs. DCIT, CPC, Bengaluru Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of Addl./JCIT(A)-2, Jaipur dated 28.12.2023 for the assessment year 2022- 23. 2. Briefly, the facts of the case are that the appellant is an individual deriving income under the head “Salaries”. The original return of income for the A.Y.2022-23 was filed on 29.07.2022 under the Old Tax Regime. However, the same was revised on 10.08.2022 under the New Tax Regime. The said return of income was processed u/s.143(1) vide Assessee by : None Revenue by : Shri R.Y. Balawade Date of hearing : 27.05.2024 Date of pronouncement : 27.05.2024 ITA No.354/PUN/2024 2 intimation 06.03.2023 denying standard deduction of Rs.50,000/- u/s.16 and Chapter VIA deductions u/s.80C amounting to Rs.1,50,000/- of the Income-tax Act, 1961 (hereinafter referred to as ‘The Act’). 3. Being aggrieved, an appeal was filed before the CIT(A) contending that the CPC was not justified in denying the standard deduction and deductions under Chapter VIA of the Act. However, the CIT(A) confirmed the action of the AO placing reliance on the provisions of section 115BAC of the Act. 4. Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal. 5. When the appeal was called on, none appeared on behalf of the appellant despite due service of notice of hearing. After hearing the ld. DR and perusing the material on record, we proceed to dispose of the appeal ex parte qua the appellant. 6. On the other hand, the ld. Sr.DR supports the orders of the lower authorities. 7. We heard the ld. Sr.DR and perused the relevant material on record. Admittedly, in the present case, the original return of income was filed on 29.07.2022 under the Old Tax Regime which was revised on 10.08.2022 under the New Tax Regime. Once the original return of income is substituted by filing a valid revised return, the natural ITA No.354/PUN/2024 3 consequence is that earlier return would be effaced or obliterated for all the purposes under the Income-tax Act. Therefore, it is not open for the AO to advert to the original return of income or the statement filed along with original return of income. Reference in this regard can be made to the judgments of Hon’ble Karnataka High Court in the case of CIT Vs. Mangalore Chemicals and Fertilizers (1991) 191 ITR 156 (Kar) and CIT Vs. Machine Tool Corporation of India Ltd. (1993) 201 ITR 101(Kar) to fortify our view. Admittedly, under the provisions of section 115BAC, once the assessee opts for the New Tax Regime, he is not entitled to either the standard deduction u/s.16 or the Chapter VIA deductions. The CPC had rightly processed the return of income. Therefore, we do not find any error in the approach adopted by the CPC. Accordingly, the appeal filed by the assessee stands dismissed. 8. In the result, the appeal filed by the assessee is dismissed. Order pronounced on this 27 th day of May, 2024. Sd/- Sd/- (ASTHA CHANDRA) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; दनांक / Dated : 27 th May, 2024 Satish ITA No.354/PUN/2024 4 आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. यथ / The Respondent. 3. The Pr.CIT concerned 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब च, पुणे / DR, ITAT, SMC” Bench, Pune. 5. गाड फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune