Itta/710/2014 Of The Commissioner Of Income Tax-I v. M Ravinder

HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO I.T.T.A. NO.710 OF 2014 DATED:17.12.2014 Between: The Commissioner of Income Tax – IHyderabad … Appellant And M. Ravinder … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO I.T.T.A. No.710 of 2014 JDUGMENT:(per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard learned counsel for the appellant and gonethrough the impugned judgment and order of the learned Tribunal. This appeal is sought to be preferred and admitted against thejudgment and order of the learned Tribunal dt.31.8.2012, in relation toassessment year 2005-2006, on the following suggested questions oflaw: 1.“Whether, on the facts and in the circumstances of the case, theHon’ble ITAT is justified in upholding the order of CIT(A) holdingthat mere making of claim by an assessee in his return which isnot sustainable in law, by itself, will not amount to furnishing ofinaccurate particulars of income?Hon’ble ITAT is justified in upholding the order of CIT(A) holdingthat mere making of claim by an assessee in his return which isnot sustainable in law, by itself, will not amount to furnishing ofinaccurate particulars of income? 2.Whether, on the facts and in the circumstances of the case, theTribunal is justified in holding that wrong claim made by theassessee shall not constitute concealment of income orfurnishing inaccurate particulars of income without appreciatingthat the claim made by the assessee is not bond fide?”Tribunal is justified in holding that wrong claim made by theassessee shall not constitute concealment of income orfurnishing inaccurate particulars of income without appreciatingthat the claim made by the assessee is not bond fide?” The questions as suggested appear to be settled position of lawlaid down by the Hon’ble Supreme Court, and the Hon’ble Tribunalhas followed the same that making a wrong claim by the assessee fordeduction does not constitute concealment of income or furnishinginaccurate particulars of income. On fact it was found by the learnedTribunal that the income was disclosed but such income was sought tobe deducted as available under the law and therefore where is thequestion of concealment of income. Even without taking note of the Supreme Court judgment, applying common sense anyone can decidethe matter and so it was done rightly by the learned Tribunal followingthe Supreme Court judgment on the issue. We do not find anyelement of law to decide in this appeal. The appeal is accordingly dismissed. There will be no order as to costs. ________________________ K.J. SENGUPTA, CJ ________________________ M.S. RAMACHANDRA RAO, J 17.12.2014 bnr