2014 (4) TMI 105 - AT - Income Tax

Deduction u/s 80C - Repayment on housing loan - Whether CIT(A) erred in allowing deduction U/s.80C of Act relating to repayment of housing loan Held that - details asked for by AO pertaining to interest on housing loan u/s 24(b) on self-occupied property and deduction claimed u/s 80C were not provided at assessment stage - But were placed on record before CIT(A) who considered same and deleted addition made - From impugned order of CIT(A) cannot be gathered that any opportunity was provided or issue was remanded back for AO s comments - In interest of justice restore issues to file of CIT(A) who shall re-adjudicate them after seeking comments from AO and confronting same to assessee Decided in favour of Assessee. Modification of turnover - Whether CIT(A) erred in directing AD to modify turnover of assessee even though issue was not in grounds of appeal Held that - certain basic and primary details were there before AO which incited him to ask for further details - It is from these details that AO was able to extract figures of Rs.2, 42, 75, 433/- and Rs.24, 68, 210/- Since the income has to be estimated on turnover CIT(A) has correctly adopted figure of Rs.2, 67, 43, 643/- and estimated income @ 8% on this figure because Rs.24, 68, 210/- was nothing but part & parcel of turnover of business activity - No reason to disturb finding of CIT(A) which should be sustained Decided against Revenue.

Summary

Issues involved:
1. Appeal against the order of CIT(A) regarding income from house property and deduction under section 80C.
2. Direction to modify the turnover of the assessee and inclusion of extra work done in the turnover.
3. Granting relief based on evidence produced in contravention to Rule 46A of the IT Rules.

Issue 1 - Appeal against CIT(A) order on income from house property and deduction under section 80C:
The revenue appealed against the CIT(A)'s decision on the income from house property and deduction under section 80C. The CIT(A) had accepted the income from house property and allowed the deduction under section 80C based on details furnished during appellate proceedings. The Appellate Tribunal noted that the AO had asked for details related to interest on housing loan and deduction claimed under section 80C, which were not provided at the assessment stage but were submitted before the CIT(A). The Tribunal, in the interest of justice, restored the issues to the CIT(A) for readjudication after seeking comments from the AO and confronting the same to the assessee. The Tribunal allowed grounds 1 & 2 of the appeal.

Issue 2 - Direction to modify turnover and inclusion of extra work done:
Regarding the computation of gross profit on turnover, the AO had estimated the turnover at a lower amount and separately added an amount for extra work done. The CIT(A) reviewed the submissions of the assessee, noted that the turnover had been audited, and computed the profit at a higher turnover amount, which included the extra work done. The Tribunal found that the CIT(A) had correctly adopted the higher turnover figure and estimated the income accordingly, considering the extra work as part of the regular business activity. The Tribunal rejected grounds 3 & 4 of the appeal filed by the department.

Issue 3 - Granting relief based on evidence produced in contravention to Rule 46A:
The Tribunal addressed the contravention of Rule 46A of the IT Rules in the context of readjudication directed for some issues. It was observed that certain basic details were available before the AO, leading to further requests for information. The Tribunal decided on the issue based on the orders and upheld the CIT(A)'s findings. The Tribunal partially allowed ground 5 of the appeal.

Cross Objection by the assessee:
The assessee filed a Cross Objection raising concerns about the disallowance of deduction under section 80C and the treatment of extra work as separate income. The Tribunal had already addressed these issues in the appeal filed by the department, and as a result, the grounds raised in the Cross Objection became infructuous. The Tribunal allowed the ground related to the addition of extra work, as it was already decided in favor of the assessee in the department's appeal.

In summary, the Appellate Tribunal partly allowed the revenue's appeal and the assessee's Cross Objection concerning various issues related to income from house property, deduction under section 80C, turnover computation, and treatment of extra work done. The Tribunal directed for readjudication in some instances and upheld the CIT(A)'s findings in others, ensuring a fair consideration of the facts and legal provisions involved in the case.