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Income Tax Appellate Tribunal - Kolkata

Hira Lal Agarwal, New Delhi vs Acit, Cir-1, Siliguri, Siliguri on 5 January, 2018

                             IN THE INCOME TAX APPELLATE TRIBUNAL
                                  KOLKATA 'D' BENCH, KOLKATA

[Before Sri J. Sudhakar Reddy, Accountant Member & Sri S. S. Viswanethra Ravi, Judicial Member]


                                    I.T.A. No. 20/Kol/2016
                                   Assessment Year: 2011-12


  Hira Lal Agarwal............................................................................................................Appellant
  C/o. Kishore Kumar Lohia
  2nd Floor
  Smritidham Building
  Opposite Hotel Gate Way
  Sevoke Road
  Siliguri - 734001
  [PAN : ACMPA 4071B]

  A.C.I.T., Circle-1(TDS), Kolkata............................................................................. Respondent
  Aayakar Bhawan
  Paribahan Nagar
  Matigara
  Siliguri

  Appearances by:
  Shri Subhash Agarwal, Advocate, appeared on behalf of the assessee.
  Shri Arindam Bhattacharjee, Addl. CIT, DR appearing on behalf of the Revenue.
  Date of concluding the hearing :             December 19th, 2017
  Date of pronouncing the order :              January 05th , 2018

                                       O R D E R

Per J. Sudhakar Reddy :-

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-Siliguri, (hereinafter the 'ld. CIT (A)'), passed u/s 250 of the Income Tax Act, 1961 (the 'Act'), dt. 20/11/2015, for the Assessment Year 2011-12.

2. In this case, the Assessing Officer found that there is a variation in the quantum of salary income earned by the assessee as disclosed in Form 26AS, uploaded by the company and Form No. 16, issued to the assessee. The difference was Rs.2,87,989/-. The amount disclosed in Form No. 26AS, was taken as the gross salary of the assessee. The ld. CIT(A), reverse calculated the total income of the assessee based on the TDS made, and determined that the Assessing Officer was correct.

I.T.A. No. 20/Kol/2016 Assessment Year: 2011-12 Hira Lal Agarwal 2.1. Aggrieved the assessee is in appeal before us.

3. After hearing rival contentions, we are of the opinion that the figure mentioned in Form No. 16, issued by the employer of the assessee has to prevails over any figure show by the employer in Form No. 26AS. In any event, the Assessing Officer should have enquired with the employer about this variation as both Form No. 16 and Form No. 26AS, have been issue by the employer. The employee cannot be held responsible for such differences. Thus, we delete the addition made by the Assessing Officer and direct him to accept the contents of the certificate issue in Form 16 issued by the employer to the employee.

4. In the result, the appeal of the assessee is allowed.

Kolkata, the 5th day of January, 2018.

       Sd/-                                                               Sd/-

[S.S. Viswanethra Ravi]                                         [J. Sudhakar Reddy]
Judicial Member                                                 Accountant Member

Dated : 05.01.2018
{SC SPS}

Copy of the order forwarded to:
1. Hira Lal Agarwal
C/o. Kishore Kumar Lohia
2nd Floor
Smritidham Building
Opposite Hotel Gate Way
Sevoke Road
Siliguri - 734001

2. A.C.I.T., Circle-1(TDS), Kolkata Aayakar Bhawan Paribahan Nagar Matigara Siliguri

3. CIT(A)-

4. CIT- ,

5. CIT(DR), Kolkata Benches, Kolkata.

True copy By order Senior Private Secretary Head of Office/ D.D.O. ITAT, Kolkata Benches 3 I.T.A. No. 20/Kol/2016 Assessment Year: 2011-12 Hira Lal Agarwal