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TMI Blog2020 (7) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... d in confirming the action of the Assessing Officer of not excluding interest income of Rs. 23,57,248/- from total income of A.Y. 2015-16 as same has been assessed in A.Y. 2014- 15 by AO. 2. Under the facts and circumstances of the case, the learned CIT(A) erred in law confirming the action of the Assessing Officer action of taxing the same income twice by way of interest income of Rs. 23,57,248/- has already included in the A.Y. 2014-15 by AO which is against the natural justice of law. 3. Under the facts and circumstances of the case, the learned CIT(A) erred in holding that assessee has sufficient time to revise his return which was not done. 4. Under the facts and circumstances of the case, the learned CIT(A) erred in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d determined the sum payable by him or refund any amount due to him on the basis of such assessment. Therefore, the AO is duty bound to assess the correct income of the assessee as per law. If an income is mistakenly offered to tax by the assessee the same cannot be charged to tax when it is not liable for tax for the year under consideration. The assessee relied upon various decisions in support of the contention that only the correct income of the assessee has to be assessed to tax and no income shall be taxed twice. The ld. CIT(A) did not accept this contention of the assessee on the ground that since the assessee has not revised his return of income, therefore, the said income cannot be excluded. 3. Before us, the ld. AR of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to the CBDT Circular No. 14 dated 11.04.1955 and submitted that the Department must not take advantage of ignorance of the assessee as to his rights. It is the duty of the AO to assist a tax payer in every reasonable way. In support of his contention, he has relied upon the decision of the Hon'ble Delhi High Court in case of CIT vs. R. Dalmia 135 ITR 346. He has also relied upon the decision of Kolkata Bench dated 14.05.2018 in case of ACIT vs. Smt. Sharmila Kumar in ITA No. 679/Kol/2016 as well as decision of Pune Bench dated 29.01.2015 in case of ACIT vs. Bajaj Finance Ltd. in ITA No. 288 to 291/PN/2014. 4. On the other hand, ld. DR has submitted that the assessee has not rectified his return of income for filing revised return of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee had made request to exclude interest income of Rs. 23,57,248/-from total income of A.Y. 2015-16 as same has been assessed in A.Y. 2014-15. The request of the assessee cannot be accepted as the assessee has not revised his income for A.Y. 2015-16 and income cannot be assessed at lower then income declared in return of income." The only reason for denial of exclusion of the income from the total income of the assessee is non filing of the revised return of income. It is pertinent to note that since the return of income was filed by the asessee belatedly, therefore, the assessee could not file a revised return of income. Undisputedly the said income of Rs. 23,57,248/-on account of interest from the partnership firms has been taxed for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellate authority. The CIT(A) has rejected the contention of the assessee as held in para 2.3.2 as under :- "2.3.2. On perusal of overall facts, it is seen that for A.Y. 2014-15 in assessment made on 02.12.2016, addition of interest from partnership firm of Rs. 23,57,248/-was made. Appellant filed return of income for A.Y. 2015-16 on 30.03.2016. Thus, he had sufficient time to revise his return which was not done. Also it is not clear if this amount was included in total income shown by assessee, therefore, this claim cannot be allowed to assessee. Accordingly, those grounds are dismissed. Thus, the ld. CIT(A) has also misunderstood the fact about the return of income for the year under consideration was filed much prior to the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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