Jaipal Singh Dendsay, Karnal V. ITO Ward-1, Karnal

ITA 661/DEL/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 9277 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-01-2024
• Assessment Year: 2010-2011
• Appeal Filed On: 12-03-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SIDDHARTH BHIM SINGH
• Keywords: Revised return
• Section: 154; 10(10AA); 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘C’: NEW DELHI) BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER ITA No:- 661/Del/2023 ( Assessment Year: 2010-11) Jaipal Singh Dendsay, S/o Sh. Ranjit Singh, 915, Sector-9, Karnal (Haryana) Pin Code-125051. Vs. Income Tax Officer, Ward-1, Karnal. PAN No: ABJPD9702G APPELLANT RESPONDENT Assessee by : Shri Prem Rajpal, Adv. Revenue by : Shri Siddharth Bhim Singh, Sr. DR Date of Hearing : 02.01.2024 Date of Pronouncement : 03.01.2024 ORDER PER N.K. BILLAIYA, AM This appeal by the Assessee is preferred against the order dated 12.01.2023 by NFAC, Delhi, pertaining to A.Y. 2010-11. The grievance of the assessee reads as under: “1. On the facts and in the circumstances of the case and in law the Ld. CIT (A), National Faceless Appeal Centre, Delhi erred in: ITA No.-661/Del/2023 Jaipal Singh Dendsay Page 2 of 6 1. Upholding the validity of order dated 13-11-2020, u/s 154 of the Act, which s without jurisdiction; 2. confirming the order u/s 154 of the Act passed by Ld. AO W-1, Kamal regarding rejection of application u/s 154 of the Act for claim of gratuity amount exempt u/s 10(10)(i) of the Act, submitted by the appellant. 3. Confirming the order u/s 154 of the Act, passed by Ld. AO, Ward-1. Kamal without affording proper opportunity and without considering the written submissions. The above actions being arbitrary, erroneous and unlawful must be quashed with directions for appropriate relief.” 2. The peculiar facts of the case are that the assessee filed his return of income on 29.07.2010 declaring income of Rs. 12,11,990/- without claiming any exemption u/s 10(10AA) of the Act. The return was processed u/s 143(1) of the Act on 31.03.2012. 4. Subsequently, the assessee filed an application u/s 154 of the Act claiming exemption u/s 10(10AA) of the Act on account of leave encashment amounting to Rs. 6,50,000/-. This application was dismissed by the AO who was of the opinion that a fresh claim can only be made through a revised return of income. 5. The assessee challenged the order of the AO before the CIT(A) and vehemently contended that pursuant to the decision in the case of Ram Kanwar Rana vs. ITO in ITA No.-1307/Del/2016. The assessee ITA No.-661/Del/2023 Jaipal Singh Dendsay Page 3 of 6 became aware of the eligibility of exemption in respect to gratuity amounting to Rs. 6,50,000/- u/s 10(10AA) of the Act and hence moved a rectification application to rectify the mistake apparent from record. 6. The contention of the assessee did not find any favour with the CIT(A) who was of the firm belief that the claim can only be made through a revised return of income. The CIT(A) further observed that the intimation u/s 143(1) was passed on 31.03.2012 and the assessee has moved the rectification application on 28.07.2020 which is beyond the period of limitation as provided in section 154 of the Act. 7. Before us, the Counsel for the assessee reiterated the claim saying that pursuant to the decision of the Tribunal in the case of Ram Kanwar Rana (supra), the assessee became eligible for the deduction u/s 10(10AA) of the Act and since the assessee had not claimed any deduction in his return of income. The mistake should have been rectified by the CIT(A). Strong reliance is placed on several judicial decisions placed in the paper book. 8. Per contra, the DR strongly supported the finding of the CIT(A) and stated that on the date of the processing of return there was no mistake apparent from record which needs rectification u/s 154 of the Act. ITA No.-661/Del/2023 Jaipal Singh Dendsay Page 4 of 6 9. We have given a thoughtful consideration to the orders of the authorities below and have carefully considered the submission of the assessee. The fact that the assessee did not make any claim in his return of income is undisputed. It is true that after the judgment of the Tribunal in the case of Ram Kanwar Rana (supra) the assessee became aware of the eligibility of the deduction available u/s 10(10AA) of the Act but that was on 16.06.2016 and the rectification application has been moved on 28.07.2020. Considering from all possible angles the application of the assessee is barred by limitation u/s 154 of the Act. Most importantly on the date of the processing of the return, there was no mistake apparent from record which could be rectified u/s 154 of the Act. The decisions relied upon by the Counsel are on a different set of facts mostly on the eligibility of the claim of deduction u/s 10(10AA) of the Act but the case of the assessee is the claim u/s 154 of the Act which according to our considered opinion is barred by limitation. We decline to interfere with the finding of the CIT(A). 10. In the result, appeal of the assessee is dismissed. ITA No.-661/Del/2023 Jaipal Singh Dendsay Page 5 of 6 Order pronounced in the Open Court on 03.01.2024 Sd/- Sd/- (YOGESH KUMAR US) (N.K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 03/01/2024. Pooja/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA No.-661/Del/2023 Jaipal Singh Dendsay Page 6 of 6 Date of dictation 02.01.24 Date on which the typed draft is placed before the dictating Member 02.01.24 Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order