TaxTMI 
TaxTMI 
2025 (3) TMI 2125
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....rowed capital amounting to Rs. 78,540/- and same is confirmed by CIT(A), NFAC, Delhi. 2] Learned A.O. erred in disallowing the deduction claimed by Appellant u/s.80C amounting to Rs. 43,770/- and same is confirmed by CIT(A), NFAC, Delhi. 3] Learned CIT(A) erred in not properly consider Appellant's submission and various supporting documents in support of deduction. 4] Appellant craves to urge additional grounds at the time of hearing, if necessary." 3. In this case, the assessee is a Teacher engaged in Brijlal Biyani Science College. For the year under consideration, she filed her return of income electronically on 03/08/2018. Her case was selected for scrutiny through CASS. The Assessing Officer issued sta....
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.... holding as under:- "6.1 I have perused the matter and facts of the case. The emphasis of all three grounds of appeal is that the AO has wrongly disallowed the deductions claimed by the assessee and she prayed to allow the deductions as claimed by her in her ITR. On perusal of housing loan interest certificate produced by the assessee, it can be clearly seen that the loan was taken by Sh. Arvind Arjun Rao Tayade (husband of the assessee). The assessee has not produced any document which shows that the loan was taken by her or re-payment of the loan was being done by her. In absence of any such document, assessee is not eligible for deduction of interest paid on borrowed capital (interest on home loan). In addition the averred deduc....
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....e. Hence, in absence of corroborative evidences the assessee is not eligible for any deduction. 7. In light of the above facts, the disallowance made by the AO vide assessment order u/s 143(3) is correct and the appeal of the assessee is dismissed." The assessee being aggrieved is in further appeal before the Tribunal. 6. Before us, the learned Authorised Representative for the assessee furnished written submissions which read as under:- "1] The above referred Appellant filed her I.T. Return on 03.08.2018 for A.Y.2018-19. The Appellant is an employee in Brijlal Biyani Science College and received a Salary of Rs. 6,40,271/- for F.Y.2017-18. The Appellant claimed following deductions. 1) Interest paid on borro....
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.....02.2021, wherein the Appellant has squarely explained why the tax liability as well as penalty shall not be attracted. There is no under reporting or misreporting by the Appellant and the A.O. as simply made the above addition without application of mind and considering material on record. Hence we request you to kindly consider the Appellant's various Written Submissions and relevant documents in support of her claim and kindly allowed the Captioned Appeals and thus accept the income shown by the Appellant in ROI and delete the penalty amounting to 25,195/- or 200% of the tax payable u/s.270A of the Act. There is no malafied intention of the Appellant for claiming the said deduction. The deduction claimed by the Appellant is genuine, ....