TMI Blog2022 (9) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... As pertinent to note that if the said interest income was already offered to tax by Smt. Usha Gupta in her return of income then the same cannot be taxed twice. From the details filed by the assessee it is not clear in the absence of the bifurcation of the interest income of Smt. Usha Gupta as to whether she has included this amount of interest in the total income declared in the return of income. It is also a matter of verification whether this entry as reflected in Form 26AS is due to the mistake of the PAN of the assessee taken instead of Smt. Usha Gupta. Accordingly, in the facts and circumstances of the case, this issue is set aside to the record by the Assessing Officer for deciding the same afresh after proper verification and e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment year 2014-15. The assessee has raised the following grounds:- 1. Because, the ld. Commissioner of Income Tax (Appeals) was not justify to conform interest of Rs. 86464.00 from Sanrachna Infra Project Pvt. Ltd., due to the deductor has not uploaded the details in 26Q hence the said amount has not reflected in 26AS therefore, the appellant has not taken the interest Rs. 86464.00 and TDS thereon. Due date for filing of return of income the said amount has not reflected in their 26Q and after expiry of one year the said amount were reflected in 26AS due to deductor has made provision after filing of return of income by the appellant. 2. Because the Ld. Commissioner of Income Tax (Appeals) was not justified to disallow th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in the books of Sh. Tirupati Distributors, the proprietorship concerned Smt. Usha Gupta and submitted that the investment was made by Smt. Usha Gupta and not by the assessee HUF. Therefore, the said interest income was wrongly added to income of the assessee due to the mistake on the part of the payer and deductor of TDS who has wrongly uploaded these details of TDS in the PAN of the assessee. The learned AR has submitted that the assessee has filed an affidavit to explain these facts however, the authorities have not considered and appreciated the relevant details and document on this issue. The assessee has not received any interest from M/s Sanrachna Infra Project Pvt. Ltd., and due to the mistake, the TDS was deposited in the PAN of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot clear in the absence of the bifurcation of the interest income of Smt. Usha Gupta as to whether she has included this amount of interest of Rs. 86,464/- in the total income declared in the return of income. Further, it is also a matter of verification whether this entry as reflected in Form 26AS is due to the mistake of the PAN of the assessee taken instead of Smt. Usha Gupta. Accordingly, in the facts and circumstances of the case, this issue is set aside to the record by the Assessing Officer for deciding the same afresh after proper verification and enquiry to ascertain the correct facts from the record and documents to be filed by the assessee. If it is found that the said interest income belongs to Smt. Usha Gupta and not to the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,191/- (15% of 7,07,940/-) is disallowed being personal use and added to the total income of the assessee. 7. On going through the schedule of fixed assets, it is noted that the assessee has claimed depreciation of Rs. 7,7,940/- on delivery van at the written down value of Rs. 47,19,601/-. The Assessing Officer has not disputed the claim of the assessee on the second vehicle which is Mahindra XUV which is otherwise a passenger vehicle. Once the claim of depreciation on passenger vehicle is accepted by the Assessing Officer then the depreciation on delivery van cannot be disallowed on the ground of personal use. The Assessing Officer has otherwise made this disallowance on presumption and surmises without the actual fact of the use of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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