HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA 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 – I Hyderabad … Appellant And M. Ravinder … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA 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 gone through the impugned judgment and order of the learned Tribunal.
This appeal is sought to be preferred and admitted against the judgment and order of the learned Tribunal dt.31.8.2012, in relation to assessment year 2005-2006, on the following suggested questions of law:
1. “Whether, on the facts and in the circumstances of the case, the Hon’ble ITAT is justified in upholding the order of CIT(A) holding that mere making of claim by an assessee in his return which is not sustainable in law, by itself, will not amount to furnishing of inaccurate particulars of income?
2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that wrong claim made by the assessee shall not constitute concealment of income or furnishing inaccurate particulars of income without appreciating that the claim made by the assessee is not bond fide?”
The questions as suggested appear to be settled position of law laid down by the Hon’ble Supreme Court, and the Hon’ble Tribunal has followed the same that making a wrong claim by the assessee for deduction does not constitute concealment of income or furnishing inaccurate particulars of income. On fact it was found by the learned Tribunal that the income was disclosed but such income was sought to be deducted as available under the law and therefore where is the question of concealment of income. Even without taking note of the Supreme Court judgment, applying common sense anyone can decide the matter and so it was done rightly by the learned Tribunal following the Supreme Court judgment on the issue. We do not find any element 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