SHRI SANJAY VISHNUPRASAD AGRAWAL, NAGPUR V. INCOME TAX OFFICER, WARD-4(1), NAGPUR

ITA 37/NAG/2022

AI Insights

The case involves an appeal by Shri Sanjay Vishnuprasad Agrawal against the order of the National Faceless Appeal Centre (NFAC), Delhi, which confirmed the rejection of the assessee's application under section 154 of the Income Tax Act, 1961. The application sought a set off of a loss amounting to Rs 3,33,972 from Future and Option (F&O) shares transactions against income from other heads. The NFAC and the Assessing Officer had both declined the set off, viewing the issue as debatable and not a mistake apparent from the record, thus not rectifiable under section 154. The assessee, represented by Shri D. S. Jogani, Advocate, decided to withdraw the appeal, intending to file a new one before the CIT(A).

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 136792 (ITAT-NAGPUR)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 31-10-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 10-03-2022
• Other Referred Cases: CIT vs. Pruthvi Brokers & Shareholders (P) Ltd. [2012] 23 taxmann.com 23 (Bom.)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transactions in derivatives
• Section: 154; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR – VIRTUAL COURT BEFORE SHRI S. S. GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.37/NAG/2022 िनधाᭅरण वषᭅ / Assessment Year: 2015-16 Shri Sanjay Vishnuprasad Agrawal, C/o. D. S. Jogani, Advocate, 640/A, Navnidhi, Tekdi Road, Sadar, Nagpur- 440001. PAN : ABLPA5720F Vs. ITO, Ward-4(1), Nagpur. Appellant Respondent आदेश / ORDER PER S. S. GODARA, JM: This assessee’s appeal for assessment year 2015-16 arises against the National Faceless Appeal Centre “NFAC”, Delhi’s order dated 21.12.2021 passed in case no.ITBA/NFAC/S/250/2021- 22/1037993785(1), involving proceedings u/s 154 of the Income Tax Act, 1961; in short “the Act”. Heard both the parties. Case file perused. 2. The assessee raises the following substantive grounds in the instant appeal :- “1. That on facts and circumstances of case, as well as also in law, the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi erred in not allowing the set off of Loss Assessee by : Shri D. S. Jogani Revenue by : Shri G. J. Ninawe Date of hearing : 01.11.2022 Date of pronouncement : 29.12.2022 ITA No.37/NAG/2022 2 at Rs 3,33,972/- as claimed during the course of assessment proceeding and also erred in confirming the rejection of the Application u/s 154 by the Assessing Officer filed by assessee. 2. That on facts and circumstances of case, as well as also in law, assessee is entitled for the set off of Loss at Rs 3,33,972/- as claimed by him and the Learned Assessing Officer ought to have allowed the set off of loss at Rs 3,33,972/- as claimed by assessee. 3. That on facts and circumstances of case, as well as also in law, in view of the clear provisions of the section 71(1) of the Income Tax Act, 1961, the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) Delhi erred to held that the issue is debatable and in these circumstances it cannot be said that there was a mistake apparent from the record which can be rectified u/s 154 of the Income Tax Act, 1961 instead of directing to the Assessing Officer to allow the Loss assessed for the F & O Shares Transactions at Rs. 3,33,972/- to Set Off against all income under Other Heads of Income shown by assessee and assessed by the Assessing Officer.” 3. Learned counsel vehemently reiterated the assessee’s stand that both the learned lower authorities have erred in law and on facts in declining the impugned section 154 rectification. I find no merit in the assessee’s instant argument once it has come on record that the question of current year’s loan adjustment amounting to Rs.3,33,972/- derived from Future and Option (F&O) shares transaction against the income from other heads hardly forms a subject matter of rectification in light of CIT vs. Pruthvi Brokers & Shareholders (P) Ltd. [2012] 23 taxmann.com 23 (Bom.) being a debatable issue to be decided as per the relevant facts on record. Faced with this situation, learned counsel sought to withdraw the instant appeal subject to the condition that the delay all along since filing of rectification herein dated 27.01.2020 is condoned for the ITA No.37/NAG/2022 3 purpose of filing a fresh appeal before the CIT(A) against the assessment order dated 29.11.2017. 4. The Revenue is clearly fair in not objecting the assessee’s instant condonation’s withdrawal prayer. Ordered accordingly. 5. Delay of 20 days condoned in fling of the instant appeal executed on 11.03.2022 is condoned since falling in Covid-19 Pandemic outbreak period. 6. This assessee’s appeal is dismissed as withdrawn in above terms. Order pronounced on this 29 th day of December, 2022. Sd/- (S. S. GODARA) JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 29 th December, 2022. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-NFAC, Delhi. 4. The Pr. CIT concerned. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.