9911796707
TMI Blog2024 (9) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... the relevant facts of the case are that the assessee Smt. Sarada Seemakurti is a proprietary concern of M/s. Sri Sai Saraswathi Enterprises which is engaged in wholesale business of agricultural raw material. The assessee filed her return of income for the AY 2021-22 on 10/01/2022 admitting a total income of Rs. 5,03,990/-. In the tax audit report filed for the AY 2021-22, the assessee's Auditor under the column 'any other items of income' has mentioned an aggregate amount of Rs. 3,17,980/-. Thereafter, the return filed by the assessee was processed by the CPC and Intimation u/s. 143(1) of the Act was issued on 05/07/2022 and the total income was computed at Rs. 8,21,970/- after making adjustment of Rs. 3,17,980/-. In the Intimation u/s. 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal against the order u/s. 143(1) r.w.s. 154 of the Act and appeal is pending. 3. The Ld. Addl./JCIT (Appeals) ought to have deleted the adjustment of Rs. 3,17,980/- made by the CPC under the head 'income from business or profession' in the intimation u/s. 143(1) of the Act as the appellant already admitted this amount under the head 'income from other sources' and 'income from house property'. 4. Any other grounds may be urged at the time of hearing." 5. At the outset, the Learned Authorized Representative ["Ld. AR"] submitted that the addition was made in the Intimation u/s. 143(1) of the Act based on a mistake in the tax audit report issued by the assessee's Chartered Accountant in Form No. 3CD. The Ld. AR further submitted that fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... end from shares (Rs. 2,199/-), (iv) interest from HDFC-RD (Rs. 963/-) and (v) rents received (Rs. 24,000/-). While making the addition in the Intimation passed u/s. 143(1) of the Act, the Ld. AO / CPC was of the view since the amount of Rs. 3,17,980/- was mentioned in the tax audit report as 'any other items of income', the same is required to be mentioned in Column No.5(D) of Part A 01 under the head 'any other items of income' while filing the return of income. Since it is not mentioned in the said Column No. 5(D) of Part A 01, the Ld. AO / CPC made the addition. I have also carefully gone through the return of income filed by the assessee for the AY 2021-22. On careful perusal of the return of income filed by the assessee, I find that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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