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2023 (6) TMI 606 - AT - Income TaxDouble taxation - Rectification of mistake u/s 154 - Rental income was offered as income from house property - Addition of the same income under the head income from other sources - adjustment u/s 143(1) - HELD THAT - Adjustment which has been made by CPC, Bengaluru relates to the rental income as reflected in Form No. 26AS which has form the basis of the adjustment done by CPC, Bangaluru wherein the same has been brought to tax under the head income from other sources . There is clearly a mistake apparent from record while processing the return of income wherein the CPC, Bengaluru has acknowledged the rental income under the head income from house property as so declared by the assessee in his return of income, and at the same time, has brought to tax again under the head income from other sources resulting in double taxation of same income - Addition so made by the CPC, Bengaluru and confirmed by the Ld. CIT(A), NFAC, Delhi is hereby directed to be deleted. Decided in favour of assessee for statistical purposes.
Issues involved:
The appeal against the order of the Ld. CIT(A), NFAC, Delhi pertaining to A.Y. 2017-18. Issue 1: Condonation of Delay in Filing Appeal - The Registry pointed out a delay in filing the appeal. - Both parties were heard, and the delay was condoned due to reasonable cause. - Appeal admitted for adjudication. Issue 2: Double Taxation on Rental Income - The limited issue pertains to the addition of Rs. 3,00,000/- under "income from other sources" by CPC, Bangalore. - Assessee claimed the income under "income from house property," leading to double taxation. - CPC, Bangalore made the adjustment based on Form No. 26AS, resulting in double taxation. - Assessee sought relief from double taxation, as the rental income was already offered under "income from house property." Decision: - The Tribunal found a mistake apparent from the record by CPC, Bangalore in double taxing the rental income. - The rental income was acknowledged under "income from house property" as declared by the assessee, yet taxed again under "income from other sources." - The addition of Rs. 3,00,000/- was directed to be deleted. - The appeal of the assessee was allowed for statistical purposes.
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