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TMI Blog2023 (4) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, we are of the view that it is justifiable to tax income at the rate of 8% of professional receipts. Therefore, we direct the Assessing Officer to consider the income of the assessee to the tune of Rs.50,781/- on account of professional receipts for the assessment year 2010-11 and frame de novo assessment after giving TDS benefit and deduction under Chapter-VIA of the Act. Appeal of the assessee is allowed. - ITA No.145/SRT/2021 - - - Dated:- 18-4-2023 - Shri Pawan Singh, JM And Dr. A. L. Saini, AM For the Assessee : Shri Satyadev Purohit, C.A And Shri Rajendra Joshi, AR For the Respondent : Shri Vinod Kumar, Sr-D.R ORDER PER DR. A. L. SAINI, AM: Captioned appeal filed by the assessee, pertaining to assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation about professional receipt. However, the assessee has not furnished any explanation in this regard. As the assessee has failed to submit any details regarding professional receipt of Rs.6,34,765/-, therefore, the professional receipt of Rs.6,34,765/- was treated by assessing officer, as unaccounted income and added back to the total income of the assessee. 4. Aggrieved by the order of the Assessing Officer, the assessee carried the matter in appeal before Ld. CIT(A) who has confirmed the action of the Assessing Officer observing as follows: The assessee in his argument has stated that he had filed his income tax return and declared total income of Rs.6,10,410/-. This included net profit from professional income at Rs.4,98,925 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (TDS) has already been deducted and Assessing Officer did not give benefit of TDS deducted on the professional receipts and benefit of chapter VIA deductions. Therefore, the Ld. Counsel contended that assessee should be given benefit of TDS deducted on his professional receipts and assessee is also entitled to get benefit of Chapter-VIA deduction, such as under section 80CCC/80D of the Act. Therefore, ld Counsel contended that assessee should be given benefit of TDS deducted and deduction available in chapter VIA of the Income Tax Act. 7. On the other hand, Ld. Sr-DR for the Revenue submitted that assessee did not appear before Assessing Officer, moreover, the assessee has not filed his return of income. Although the assessee filed his r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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