Income Tax

Reassessment u/s 148 due to credit card payment. Addition deleted in view of returned income

Reassessment u/s 148 due to credit card payment. ITAT directed AO to delete the addition made in view of returned income of the assessee

ABCAUS Case Law Citation:
ABCAUS 3197A (2019) (12) ITAT

The instant appeal was filed by the assessee against the order of the CIT(A) in the matter of order passed U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (the Act). The grievance of the assessee inter alia was addition made by the Assessing Officer (AO) in respect of payments made by credit card.  

The assessee was a widow lady having income from property and interest income. For the A.Y. under consideration, the A.O. reopened the assessment on the ground that the assessee had made large payment against credit card. In reply to notice issued u/s 148, the assessee filed her return of income.

The Tribunal observed that The AO had made addition in respect of credit card payment of Rs. 3,65,117/-. It was noted that the assessee had declared following income during the earlier and current years:  

Assessment Year

Gross Total Income

Previous AY

1788209

Previous AY

2144466

Current AY

737772

The Tribunal noted that during the year under consideration, the assessee had shown income of Rs. 7,37,772/- and the total income for the last three years as shown by the assessee was Rs. 46,70,477/-.

The Tribunal opined that the income declared by the assessee was sufficient to take care of credit card payment. Accordingly, the Tribunal direct the A.O. to allow credit card payment.

Download Full Judgment Click Here >>

Share

Recent Posts

  • GST

GST Advisory & FAQs on Electronic Credit Reversal & Re-claimed Statement & RCM Liability

GSTN Advisory & FAQs related to Electronic Credit Reversal and Re-claimed Statement and RCM Liability/ITC Statement To ensure correct and…

9 hours ago
  • Income Tax

Negligence of tax payer would not make exempt income taxable – ITAT

It is well settled that if any receipt cannot be subjected to tax being exempt under law, negligence of any…

19 hours ago
  • GST

For a notice sent by GSTN Portal no inference may be drawn as to its actual service

Since UPGST Authorities unable to inform when notice sent by GSTN Portal may have been retrieved or downloaded, no inference…

1 day ago
  • Income Tax

Cash deposit of Rs. 250000 cr (credit) misread as crores by AO – Plea declined

High Court declines plea of assessee that Income Tax Department wrongly read amount of cash deposit of Rs. 250000 Cr…

1 day ago
  • Income Tax

Discontinuance of business of firm will not vest ownership of firm’s property with partners

Discontinuance of business of partnership firm will not result in vesting ownership of firm's property with individual partners for capital…

2 days ago
  • Income Tax

Release of seized jewellery/gold u/s 132B within 120 days is directory not mandatory

Stipulation of 120 days for release of seized jewellery/gold u/s 132B is directory not mandatory – Delhi High Court In…

2 days ago