SUDHIR VISHWANATH SHINDE, DHULE V. INCOME TAX OFFICER, Ward -2, DHULE

ITA 497/PUN/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8373 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 11-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 142(1); 234B; 207

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, PUNE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JM ITA No. 497/PUN/2021 : Assessment Year : 2016-17 Sudhir Vishwawanath Shinde Parola Road, Lane NO. 7, Corner, Dhule PAN: ACHPS 7209 J :Appellant Vs. The I.T.O. Ward 2 Dhule : Respondent Appellant by : None Respondent by : Shri M.G. Jasnani Date of Hearing : 08-08-2022 Date of Pronouncement : 11-08-2022 ORDER PER PARTHA SARATHI CHAUDHURY, JM : This appeal preferred by the assessee emanates from the order of the ld. CIT(A) - National Faceless Appeal Centre (NFAC), Delhi dated 13-08-2021 for A.Y. 2016-17 on the following grounds of appeal. “1. CIT(A) erred in holding that the assessee being a senior citizen having no chargeable that means table positive income from business was still liable for the payment of the advance tax though specifically exempted u/s 207(2) of the I.T. Act and thus further erred in holding that the interest u/s 234B and 234C is leviable. The interest levied u/s 234B and 234C should be deleted fully. 2. CIT(A) should have considered the provision for the exemption of the payment of advance tax as per section 207(2) reasonably and in favour of the assessee (CIT – Gwalior Rayon Silk Mfg. Cl. Ltd. (1992) 196 ITR 149 (SC). 3. CIT (A) erred in ignoring the fact thast the composite phase ‘income chargeable under the head profits and gains of business or profession’ is to be interpreted and when the resultant positive income is there then only the payment of the advance tax is liable to be made. He also erred in ignoring the situation that the loss can never be subjected to any tax payment under the Income-tax Act under any circumstances.” 2. At the time of hearing, none appeared for the assessee. The submissions of the ld. D.R were recorded and the case was heard on merits. In this case, the issue was that the assessee being a senior citizen had suffered a loss in his business but there was substantial capital gain and income from other sources. When we perused the assessment order, the A.O., in the intimation issued u/s 142(1) of the Income-tax Act, 1961 (“the Act” for short) 2 ITA No. 497/PUN/2021 Sudhir Vishwanath Shinde A.Y. 2016-17 has not made any addition on income from business. The additions made are from income from capital gain and income from other sources. 3. Before the ld. CIT(A) the assessee has contended that since he is a senior citizen and was not having any business income, therefore, no interest u/s 234B and 234C of the Act was leviable. In this regard, we find that section 207 of the Act, specifically section 207 clause (2) provides that the provision shall not apply to a person who is a senior citizen and who does not have any income chargeable under the head “Profits and Gains of Business or Profession”. 4. We have already examined that in the assessment order, the A.O has only made additions with respect to income from capital gain and income from other sources but there is no income from business and profession. It is also admitted that the assessee is a senior citizen. Therefore, as per section 207 clause (2) we set aside the findings of the ld. CIT(A) and allow the appeal of the assessee. 5. In the result, assessee‟s appeal is allowed. Order pronounced in the open Court on this 11 th ____ August 2022. Sd/- sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated, this 11 th day of July 2022 Ankam 3 ITA No. 497/PUN/2021 Sudhir Vishwanath Shinde A.Y. 2016-17 Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT - 2, Pune. 4. The CIT(A)-3, Pune 5. The D.R. ITAT „A‟ Bench Pune. 6. Guard File BY ORDER, Sr. Private Secretary ITAT, Pune. 4 ITA No. 497/PUN/2021 Sudhir Vishwanath Shinde A.Y. 2016-17 Date 1 Draft dictated on 08-08-2022 Sr.PS 2 Draft placed before author 10-08-2022 Sr.PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 11-08-2022 Sr.PS/PS 7 Date of uploading of order 11-08-2022 Sr.PS/PS 8 File sent to Bench Clerk 11-08-2022 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order