SANJAY KUMAR SAHAY,GURGAON V. DCIT, NEW DELHI

ITA 3395/DEL/2024

AI Insights

The case revolves around an appeal by Sanjay Kumar Sahay against an adjustment made by the DCIT, CPC, to his declared income for the Assessment Year 2023-24. The adjustment pertained to Rs.3,84,279, which the CPC considered as additional income. The assessee contended that this amount was already included in his declared income from house property after claiming deductions for municipal tax and standard deduction under section 24(1), as well as a loss under section 24(2) for a self-occupied property. The Tribunal examined the submissions and the return of income filed by the assessee and found that all figures were correctly reported, leading to the decision to delete the adjustment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 474592 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2023-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAHIL KUMAR BANSAL

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.3395/Del/2024 (ASSESSMENT YEAR 2023-24) Sanjay Kumar Sahay B-13, Oakwood Estate, DLF City, Gurgaon, Haryana-122001 PAN-AARPS9847A Vs. DCIT, Circle-28(1), New Delhi. (Appellant) (Respondent) Assessee by None Department by Shri Sahil Kumar Bansal, Sr. DR Date of Hearing 04/02/2025 Date of Pronouncement 12/02/2025 ORDER PER MANISH AGARWAL, AM: This appeal filed by the Assessee against the order of Ld. Addl. JCIT(A)-5, Mumbai dated 24/05/2024 for Assessment Year 2023-24. 2. The only issue in this appeal is with regard to disallowance/adjustment of Rs.3,84,279/- made by the DCIT, CPC vide intimation dated 23/04/2024 passed u/s 143(1)(a) of the Act. 3. Before us, Ld. AR has filed written submissions wherein it is submitted that assessee is having rental income of Rs.5,49,500/- and after claiming deduction on account of Municipal Tax and 2 ITA No.3395 /Del/2024 Sanjay Kumar Sahay vs. DCIT deduction u/s 24(1) on account of standard deduction @ 30% net income of Rs.3,84,279/- was computed. Besides this assessee has claimed loss of Rs.2,00,000/- u/s 24(2) of the Act on account of Self- occupied property and net income of Rs.1,84,279/- was declared under the head income from House Property in the return of income filed. While processing the same, the CPC has wrongly considered the income of Rs.3,84,279/- as additional income and vide notice dated 26/02/2024 communicate the assessee for proposed adjustment. In response, the assessee has made submission on 23/03/2024 wherein all these facts were duly explained before the CPC, however, the CPC has made the adjustment of Rs.3,84,279/- to the total income of the assessee. As per the submissions of the Ld. AR, since assessee has duly declared income earned from the let-out property and claimed deduction on account of interest paid on SOP, therefore, there is no occasion to make any adjustment to the income of the assessee, and, he prayed for the deletion of the adjustment so made of Rs.3,84,279/-. 4. On the other hand, the Ld. SR. DR vehemently supported the orders of the lower authorities and requested for the confirmation of the said orders. 5. After considered the arguments put forth by both the parties, we find that the assessee has declared rental income of Rs.1,84,279/- under the head “income from house property” which 3 ITA No.3395 /Del/2024 Sanjay Kumar Sahay vs. DCIT comprises of income of Rs.3,84,279/- earned from let-out property which is computed after claiming deduction on account of Municipal Tax and standard deduction u/s 24(1) of the Act. Besides this assessee has also claimed deduction u/s 24(2)(a) towards interest paid on self-occupied property. Thus, the net income of Rs.1,84,279/- is declared. We find that in the return of income filed copy of which is placed in the Paper Book, all these figures were duly intimated and filled-in, therefore, there is no scope for making any adjustment to the income of the assessee u/s 143(1)(a). Accordingly, the adjustment so made is hereby deleted. 5. In the result, the appeal of the assessee is allowed. Order pronounced on 12/02/2025. Sd/- Sd/- (VIKAS AWASTHY) (MANISH AGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 12/02/2025 PK/Ps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI "