No addition of amount shown in form 26 AS for taxation If assessee is not the actual beneficiary such amount

Last updated: 30 October 2021

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The Income Tax Appellate Tribunal ruled that income additions based purely on Form 26AS are invalid if the taxpayer denies earning the income and is not the actual beneficiary. In this case, the taxpayer, a doctor, was wrongly assessed for salary income based on TDS entries in her Form 26AS, despite her clear denial and lack of connection to the alleged deductors. The Tribunal found that the lower authorities failed to verify the transactions and that the onus was on the revenue to prove the income, ultimately allowing the appeal.

Court :
ITAT Bangalore

Brief :
In Dr Swati Mahesh Vinchurkar v. Deputy Commissioner of Income-tax, Bangalore [ IT APPEAL No. 43 (SRT) OF 2021 dated June 28, 2021], Dr Swati Mahesh Vinchurkar ("the Appellant") has filed this appeal challenging the order dated February 28, 2021 passed by Commissioner of Income tax (Appeals) National Faceless Centre, Delhi ("the CIT(A)"), which in turn arise against the order passed made by Central Processing Centre ("CPC") Bangalore, under section 143(1) of the Income-tax Act,1961 ("the IT Act") . The Appellant is aggrieved by the decision of Ld. CIT(A) in confirming an additions made by Deputy Commissioner of Income Tax, CPC of Rs. 563,592/- under the head salary under section 143(1) of the IT Act based on entry shown in Form-26AS.

Citation :
IT APPEAL No. 43 (SRT) OF 2021 dated June 28, 2021

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

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3 Years PLAN

4999

(Excl. of GST ₹899)

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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