Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 863 - ITAT JAIPURDisallowance of HRA exemption claimed u/s 10(13A) - notice u/s 142(1) with queries the assessee was asked to justify the claim of deduction/exemption - Held that:- We find that neither before the authorities below nor before us the assessee has produced any evidence to show the actual payment of rent. Even if the amount of ₹ 1,07,084 is considered as actual payment of rent by the assessee, the allowable deduction computed by the AO as per the provisions of Rule 2A of the IT Rules comes to ₹ 16,250/- being the excess of 10% of the salary or the actual rent paid whichever is less. Thus the salary of the assessee is undisputedly ₹ 9,08,341/- and 10% of the same comes to ₹ 90,834/-. Thus the excess of ₹ 90,834/- of actual rent paid is an allowable deduction and hence the difference between actual rent paid of ₹ 1,07,084/- and ₹ 90,834/- is ₹ 16,250/-. No error or illegality in the order of the AO restricting the claim of exemption of HRA to ₹ 16,250/-. - Decided against assessee Reopening of assessment - unexplained source of credit card expenditure - return filing under wrong PAN - Held that:- In the case in hand, the income as considered escaped assessment in the reasons recorded by the AO was very much part of the salary income which was finally assessed by the AO. As regards the return of income filed by the assessee on 28th July, 2008, admittedly the assessee has filed the said return of income under PAN : AJFPG 6152 K whereas the correct PAN of the assessee is AEXPG 3058 D. The assessee had admitted that the return was filed under wrong PAN. AO has recorded in the reasons that as per the record the assessee did not file any return of income, therefore, the non availability of the return of income in the system and with the AO at the time when the AO proposed to initiate the proceedings under section 147/148 of the Act is not in dispute, though in the enquiry conducted by the AO prior to the issue of notice under section 148 the assessee pointed out that he had filed a return of income on 28th July, 2008 but under wrong PAN. We find that the said response of the assessee of filing return of income under wrong PAN will not change the situation and remedy for processing the return of income as by that point of time in the month of March, 2015 all the time limitation of processing the return of income originally filed under wrong PAN were expired. Therefore, the AO had only remedy under the provisions of the Act to issue notice under section 148 to assess the income of the assessee as there was no valid return and the return filed under wrong PAN was a non est return.- Decided against assessee.
|