BENCO THERMAL TECHNOLOGIES PVT. LTD., CHENNAI V. DCIT, CPC, BENGALURU

ITA 774/CHNY/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 2873 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2018-2019
• Appeal Filed On: 14-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण, ‘डी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं Įी मनोज क ु मार अĒवाल, लेखा सदèय के सम¢ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 774/CHNY/2020 िनधाᭅरण वषᭅ /Assessment Year:2018-19 Benco Thermal Technologies Pvt. Ltd., 236 & 237, SIDCO Industrial Estate, Thirumudivakkam, Chennai – 600 044. PAN: AAACB 3044J v. The DCIT, Corporate Ward 1(2), Chennai. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri H. Yeshwanthkumar, CA ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri G.Johnson, Addl.CIT स ु नवाई कȧ तारȣख/Date of Hearing : 05.05.2022 घोषणा कȧ तारȣख/Date of Pronouncement : 06.05.2022 आदेश /O R D E R PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1, Chennai in ITA No.76/CIT(A)/2019-20, order dated 28.08.2020. The return of income was processed and intimation u/s.143(1) of the Income Tax 2 ITA No.774/Chny/2020 Act, 1961 (hereinafter the ‘Act’) was issued by the DCIT, CPC, Bangalore for the assessment year 2018-19 dated 01.10.2019. 2. The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the intimation passed u/s.143(1) of the Act, by the DCIT, CPC for making adjustment of interest income of Rs.4,66,775/- which was doubly added. For this, assessee has raised various grounds which need not to be reproduced. 3. We have heard rival contentions and gone through facts and circumstances of the case. The ld.AR for the assessee took us through the intimation issued by the Department u/s.143(1)of the Act and the return of income filed. The ld.AR first of all took us through page 17 of the return of income, wherein other income i.e., interest income is disclosed at Rs.4,66,775/- and rent is disclosed as Rs.3,00,000/-. The ld.AR then took us through page 61 of the return of income, where ‘income from other sources’ i.e., interest income is disclosed at Rs.4,66,775/- but at page 45 of the return of income in the column house property, the assessee has wrongly disclosed as Rs.7,66,775/- including interest income of Rs.4,66,775/-. Hence, there is a clear cut double addition of interest twice, once under the ‘income from other sources’ and 3 ITA No.774/Chny/2020 second under the head ‘income from house property’. We consider this is clearly a mistake of the assessee while filing the return of income and hence, we direct the AO to exclude this Rs.4,66,775/- from the head ‘income from house property’ and treat ‘income from house property’ at Rs.3,00,000/-. We direct the AO accordingly. 4. In the result, the appeal filed by the assessee is allowed. Order pronounced in the court on 6 th May, 2022 at Chennai. Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 6 th May, 2022 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ (अपील)/CIT(A) 4. आयकर आयुᲦ /CIT 5. िवभागीय ᮧितिनिध/DR 6. गाडᭅ फाईल/GF.