MS. NANDINI VISHWANATH,HYDERABAD vs. ITO, WARD-12(4), HYDERABAD, HYDERABAD

It transpires at the outset that 44 days delay in filing, stated to be attributable to the reason(s) beyond its control as per condonation petition/affidavit. No rebuttal has come from the departmental side. The impugned delay is condoned therefore.

It emerges at the outset that the assessee’s sole substantive ground in both these appeals challenges correctness of the learned lower authorities’ action declining Section 54F deduction claim. We also note that the CIT(A)’s former order involves first round appeal and latter order is directed against consequential remand proceedings. His former order forming subject matter of appeal Assessing Officer to verify as to whether the assessee had made payment of Rs.52 lakhs within a period of two years from the date of transfer of her capital asset i.e., 08-05-2009, coming to 08-05-2011 in other words.

Both the learned representatives are ad idem that the Assessing Officer as well as the CIT(A) hold in latter appeal that the assessee could not prove the foregoing re-investment of capital gains to the tune of Rs.52 lakhs within the stipulated time period of two years regarding her claim. Faced with this situation, we are of the opinion that the CIT(A)’s former round order in itself does not deserve to be concurred with since the legislature has omitted the clinching statutory expression “or he may set aside” vide Finance Act, 2001 w.e.f.01-06-2001. All this seals the outcome of the assessee’s both the instant appeals in our considered opinion since the latter case ITA No.614/Hyd/2019 has no legs to stand. We therefore accept assessee’s sole substantive grievance in principle and send it back to the CIT(A) for his afresh adjudication on merits qua her Section 54F deduction claim involving the balance amount of Rs.52 lakhs. This main appeal is accepted for statistical purposes. So is the outcome of the assessee’s latter appeal ITA No.614/Hyd/2019. It is made clear that the assessee shall be at liberty to raise all factual/legal arguments in consequential proceedings. She may herself or through her learned authorised representative appear before the CIT(A) on or before 31-11-2021 to be followed by three effective opportunities of hearing at her own risk and responsibility.

These assessee’s appeals are treated as allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files.