TaxTMI 
TaxTMI 
2025 (9) TMI 885
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....anated from the order of the National e-Assessment Centre, Delhi (for brevity, 'Ld.AO') passed under section 143(3) read with section 143(3A)& 143(3B) of the Act, date of order 22/02/2021. 2. The assessee has taken the following grounds:- The following grounds of appeal are without prejudice to one another:- "1. The Hon'ble CIT(A) has in the facts and circumstances of the case and in law erred in upholding the additions of INR 20,15,911 to the assessed income of the Appellant by the Learned Additional / Joint/ Deputy/Assistant Commissioner of Income Tax/ Income-tax Officer, National e-Assessment Centre on account of perquisite in respect of the tax paid by the employer on the relocation allowance of INR 32,79,300 suo moto....
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.... of the Act respectively by the Learned Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ Income-tax Officer, National e-Assessment Centre. 5. The learned Hon'ble CIT(A) has in facts and circumstances of the case and in law erred in upholding the penalty proceedings initiated under Section 270A of the Act by the Learned Additional Joint/Deputy Assistant Commissioner of Income Tax/ Income-tax Officer, National e-Assessment Centre for alleged under-reporting of income and Section 271AAC of the Act for alleged unexplained cash deposits. Any consequential relief, to which the Appellant may be entitled under the law in pursuance of the aforesaid grounds of appeal, or otherwise, may be thus granted. The Appellant....
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.... 115BE of the Act with the total income of the assessee. Further, the assessee had declared the perquisite for relocation charges received from the employer amount to Rs. 32,79,300/- which was credited in the bank account held in the US and inadvertently omitted to be offered to tax in India. Further, in terms of the US assignment, the assessee has an agreement with the employer that any tax arising in India (after considering foreign tax credit) on US salary would be borne by the employer of the assessee. Therefore, upon realizing the inadvertent mistake, which was bonafide and unintentional errors, the assessee informed his employer and requested the employer to pay the necessary taxes under section 192 of the Act alongwith applicable int....
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....t card USD 1305.99 and it is further explained that the assessee had arranged tours for his family members and booked the cruise for different destinations to entertain his family during his stay in US. Accordingly, the family members had paid their proportionate touring expenses to assessee and depositing the same in bank account. The copies of confirmation / declaration of repayment of USD 9,000 from concerned persons, on whose behalf the expenses were incurred by the assesseeare placed on record at pages 175 - 179 of APB. Further the assessee had completed these transactions in the said bank account during his stay in US. So, all transactions related withdrawals of cash and deposit of cash were completed in the US during his tenure of 9 ....
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....s never be challenged. Accordingly, we hold that the addition made by the Ld.AO is erroneous and is therefore, deleted. Grounds 2 of the assessee's appeal is allowed. 7. Ground 3 & Additional Ground: In our considered opinion, the assessee had disclosed, during the assessment stage, the income received from the employer as a perquisite amounting to Rs. 20,15,911/-, as well as the relocation allowance of Rs. 32,79,300/-. Both amounts were duly added back to the total income and treated as part of the assessee's income. The Ld. AR drew our attention to a copy of Form 26AS for the A.Y. 2018-19, annexed in APB pages 130 to 133, where the tax amount is duly reflected. The amount was paid by the employer as a perquisite to the ass....