NAGAPPAN SUGANTHI,CHENNAI vs. ACIT NON CORPORATE WARD CIRCLE-22, CHENNAI
What did the Tribunal hold?
The Tribunal held that the Commissioner of Income Tax (Appeals) erred in not admitting additional evidence. The Tribunal restored the matter to the AO for fresh assessment, keeping all issues open.
What were the facts?
The assessee sold agricultural land, claiming it was not a capital asset. The Assessing Officer (AO) treated it as a capital asset based on its proximity to a municipality and computed capital gains. The assessee also claimed a deduction under Section 54B, which was denied due to lack of evidence.
What were the issues?
Whether the land sold was a capital asset, and whether the assessee was eligible for deduction under Section 54B were the key issues.
Which sections of the Income-tax Act were involved?
Section 2(14),Section 54B,Section 143(3),Section 147,Section 148,Section 194IA
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of the learned Commissioner of Income Tax (Appeals)-10, Chennai [CIT(A)] dated 27-01-2020 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) r.w s. 147 of the Act on 27-12-2018. The Ld. Sr. DR submitted that the revenue has also filed cross-objections against the impugned order on 19-05-2023 in which the revenue submit that impugned land is situated within 5.1 Kms. Away from nearest municipality i.e. Tambaram and therefore, the land is capital asset as per amendment to Sec. 2(14) as applicable from AY 2 2014-15. It has also been submitted that Sholinganallur Town Panchayat has been brought into Chennai Corporation from 09-11-2010 as per Government order. The impugned property is situated in Perumbakkam, Sholinganallur Taluk. Perumbakkam is a well developed residential town and it is just 3 kms. from Sholinganallur town.
However, Ld. AR asserted that impugned land as sold by the assessee was agricultural land. In the alternative, the Ld. AR submitted that the assessee claimed deduction u/s.54B which has been denied for want of evidences. Drawing our attention to para 5.2(ii) of the impugned order, the Ld.AR submitted that additional evidences filed by the assessee, in this regard, were not admitted by the first appellate Authority. In the said background, Ld. AR submitted that the assessment may be restored back to Ld. AO keeping all the issues open. The Ld. Sr. DR, on the other hand, drew attention to the cross-objections and made similar prayer. Considering the same, the appeal is disposed-off as under. 3.1 The assessee being resident individual sold certain agricultural land for Rs.137.60 Lacs. However, in original return of income, no capital gains were shown and accordingly, the case was reopened and notice u/s.148 was issued on 08-11-2017. During the course of assessment proceedings, it transpired that the assessee sold vacant land admeasuring 86 cents comprised in survey No.249/1 (As per patta bearing No.3148) situated at 153, Perumbakkam Village, Sholinganallur Taluk, Kanchipuram Dist. for a consideration of Rs.137.60 Lacs. No capital gain was offered on the ground that agricultural operations were carried out on the said land and the land is situated more than 8 kms.
3 away from nearest Tambaram municipality. In other words, the assessee submitted that the said land was agricultural land and it could not be considered as a capital asset. 3.2 However, the Census Officer, vide letter dated 13-11-2018, informed that as per census 2011, population of Tambaram municipality was 1.75 Lacs. As per amendment provisions of Section 2(14) of the Act, the land should be situated beyond 6 kms as measured aerially from nearest municipality. From google map, it was ascertained that land was situated within only 5.1 kms and therefore, Ld. AO held that the land was a capital asset exigible to tax. Accordingly, the Ld.AO computed capital gain of Rs.137.18 Lacs. 3.3 The assessee claimed deduction u/s.54B on the ground that sale consideration to the extent of Rs.38.88 Lacs was invested in agricultural land in the name of her son Shri M. Chittibabu. However, in absence of any documentary evidences and considering the fact that the land was purchased in the name of her son much earlier to the sale of land in question, the said deduction was denied to the assessee. 3.4 During appellate proceedings, the assessee furnished new evidences to support the fact that property was not a capital asset. However, in absence of application for admission of new evidences under Rule 46A, said evidences were not admitted. The Ld. CIT(A) also held that since TDS was deducted on sale consideration u/s.194IA and the assessee claimed credit of TDS, the sale consideration would be taxable in the hands of the assessee. Accordingly, the action of Ld.AO was upheld. Aggrieved, the assessee is in further appeal before us.
4 Our Adjudication 4. We are of the considered opinion that Ld. CIT(A) erred in not admitting additional evidences since the same would have material bearing on the computation of capital gains in the hands of the assessee. It could also be seen that the assessee has made alternative claim u/s 54B which has not been considered primarily in the absence of sufficient evidences. Considering the prayer made before us in the appeal as well as in the cross-objection, we restore the matter of assessment back to the file of Ld. AO to frame fresh assessment keeping all the issues open.
The assessee’s appeal stand allowed for statistical purposes. Order pronounced on 23rd August, 2023. (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा ! / VICE PRESIDENT लेखा सद( / ACCOUNTANT MEMBER चे3ई Chennai; िदनांक Dated :23-08-2023 DS आदेश की Aितिलिप अ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकर आयु</CIT 4. िवभागीय "ितिनिध/DR 5. गाडA फाईल/GF
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