2022 (9) TMI 835 - AT - Income Tax

Tribunal remands case based on evidence, stresses importance of complete info and fair approach

Sri K. Sudhakar Chowdary HUF, Tirupati Versus Income Tax Officer Ward 1 (2) Tirupati

The tribunal allowed the appeal, remanding the matter to the Assessing Officer for reconsideration. The decision was based on evidence showing that the ... Difference in Form 26AS and income declared by the assessee - AO made an addition on the ground that there is a difference in the gross receipts admitted by the assessee and the gross receipts from Indian Oil Corporation as per Form 26AS and the assessee expressed his inability to reconcile the difference in gross receipts - HELD THAT:- Assessee filed a rectification application u/s 154 stating that the credits added by the AO do not pertain to the assessee. - AO rejected the rectification application and in appeal, CIT (A) dismissed the appeal filed by the assessee, the reasons of which have already been reproduced in the preceding paragraph. It is the submission of assessee that the Chief Divisional Retail Sales Manager of IOCL, Tirupati has issued form 26AS containing the details of payment and the addition made by the AO on account of difference in Form 26AS and income declared by the assessee does not belong to the assessee. It is his submission that given an opportunity, the assessee is in a position to reconcile the difference. We deem it proper to restore the issue to the file of the Assessing Officer with a direction to give an opportunity to the assessee to reconcile the difference and decide the issue as per fact and law.The grounds raised by the assessee are accordingly allowed for statistical purposes. Issues Involved:Appeal against order of CIT (A)-NFAC, Delhi for A.Y. 2010-11 challenging addition based on Form 26AS discrepancies and rejection of rectification application under section 154.Analysis:1. Rectification Application Rejection:The appeal was filed by the assessee against the order of the CIT (A)-NFAC, Delhi for the assessment year 2010-11. The primary issue revolved around the rejection of the rectification application under section 154 by the Assessing Officer. The Assessing Officer had made an addition of Rs. 40,95,794 based on the difference between the gross receipts as per Form 26AS and the income declared by the assessee. The assessee contended that the credits added did not pertain to them, supported by a certificate from the deductor, IOCL. Despite this, the rectification application was rejected by the Assessing Officer, leading to the appeal before the tribunal.2. Appeal Dismissal by CIT (A)-NFAC:The learned CIT (A)-NFAC dismissed the appeal filed by the assessee, citing reasons related to the lack of full details provided by the assessee to reconcile the difference in gross receipts. The CIT (A) emphasized the need for complete information, including names and PAN details, to consider rectification applications. The dismissal was based on the absence of evidence regarding the submission of additional details by the assessee. The CIT (A) upheld the Assessing Officer's decision to reject the rectification application, leading to further aggrievement by the assessee.3. Tribunal's Decision and Directions:Upon hearing both sides and examining the facts presented, the tribunal found merit in the assessee's arguments. The tribunal noted that the Chief Divisional Retail Sales Manager of IOCL, Tirupati, had issued Form 26AS containing payment details, indicating that the addition made by the Assessing Officer did not belong to the assessee. In the interest of justice and considering the totality of the case, the tribunal decided to restore the issue to the Assessing Officer for a fresh decision. The tribunal directed the Assessing Officer to provide the assessee with an opportunity to reconcile the differences and make a decision based on facts and law. Consequently, the grounds raised by the assessee were allowed for statistical purposes, and the appeal was allowed.In conclusion, the tribunal's decision to remand the matter to the Assessing Officer for reconsideration based on the provided details showcases a fair approach to resolving the discrepancies in the assessment. The case highlights the importance of providing comprehensive information and giving the assessee a chance to address discrepancies before making additions to the income.