Addition of rental income as undisclosed income merely because of wrong deduction of TDS unjustified
Case Law Details
Case Name : Rajesh Kumar Gupta Vs ITO (ITAT Delhi)
Related Assessment Year : 2014-2015
Courts :
All ITAT ITAT Delhi
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Rajesh Kumar Gupta Vs ITO (ITAT Delhi)
ITAT Delhi held that addition of rental income as undisclosed merely because tenant as wrongly deducted TDS u/s. 194J is unsustainable as landlord cannot be blamed for wrong deduction of TDS.
Facts- Assessee contested addition of Rs. 3,15,000/- treating rent received from M/s VM Rubber Industries as undisclosed income as TDS was deducted u/s 194J instead of 194I of the Income Tax Act.
Notably, assessee has shown rental income of Rs. 3,15,000/- in his return of income and had claimed deduction u/s. 24 of the Income Tax Act @ 30% as per the provisions of In...
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