9911796707
TMI Blog2023 (8) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... 44AE is applicable. Considering the TDS deduction, no hesitation to come to the conclusion, that the assessee earned this income only from his transport business, therefore, section 44AE is applicable and the assessee has already admitted Rs. 90,000/- as income from transport business, therefore, the AO is not justified to ignore the statutory provision of section 44AE and treat this income as business income of the assessee, just based on the mistake committed by the assessee, i.e. showing the receipt as agricultural income. Hence direct the AO to treat the income of the assessee u/s 44AE of the Act. Appeal of assessee allowed. - I.T.A. No. 145/Viz/2023 And 146/Viz/2023 - - - Dated:- 31-7-2023 - Shri Duvvuru Rl Reddy, Hon ble Judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion charges as agricultural income, therefore, filed a petition for rectification of the intimation, explaining that the amount admitted under agricultural income was actually the transport charges received from AP Civil Supplies and the assessee had no agricultural income. The assessee further submiited that as the amount of Rs. 4,96,177/- was gross transport receipts, making addition of the entire amount in the intimation is not correct. The assessee submitted revised computation of income, wherein, he admitted income of Rs. 90,000/- from plying of lorry, computed in terms of section 44AE of the Act and requested the AO to rectify the intimation by accepting the income admitted and by deleting the addition of Rs. 4,96,177/- made under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee wrongly reported Rs. 4,96,177/- as agricultural income in the return of income, but it is contract charges as per Form 26AS. Without appreciating the said fact, the AO(CPC) made disallowance, considering the transport charges of Rs. 4,96,177/- as business income of the assessee. Apart from this, the assessee as per section 44AE has admitted income of Rs. 90,000/- against the receipt of Rs. 4,96,177/-. Moreover, the assessee had also deducted TDS u/s 194C of the Act. Therefore, pleaded that considering the same, the Hon ble Tribunal may be pleased to set aside the erroneous order passed by the Ld.AO and allow the appeal of the assessee. 7. On the other hand, the Ld.DR argued that the assessee himself filed the return of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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