Question 1

What are the key legal issues in Shiva Ramprasad Nirmal Vs. Office of the Income Tax Officer Ward 2(1)?

Accepted Answer

1. Whether the income of Rs.34,53,100/- should be treated as income from house property.

Question 2

What are the facts of Shiva Ramprasad Nirmal Vs. Office of the Income Tax Officer Ward 2(1)?

Accepted Answer

The case involves Shiva Ramprasad Nirmal, who declared a total income of Rs.5,81,630/- for the assessment year 2020-21. His return was selected for e-verification under Section 135(a) of the Income Tax Act, 1961. During verification, it was found that the assessee had not responded to notices except for seeking adjournment. The assessee disclosed gross receipts of Rs.85,15,000/- under Section 44AD and offered income of Rs.6,20,900/-. The receipts did not match the actual receipts, and the gross receipts offered were more than the total receipts of Rs.3,93,600/-. The case was reopened under Section 147 of the Act, and the assessee filed a return declaring income of Rs.6,61,230/-. The Assessing Officer observed that the assessee claimed to have registered under GST for professional, technical, and business services, and the receipts were from production houses and media companies, not from rental income. However, the assessee failed to provide supporting documentary evidence, leading the Assessing Officer to treat Rs.34,53,100/- as income from house property and make an addition of Rs. 24,17,170/-. The assessee challenged this addition before the Commissioner, who sustained the addition due to lack of evidence. The assessee then filed the current appeal.

Shiva Ramprasad Nirmal Vs. Office of the Income Tax Officer Ward 2(1)

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