SHRI SALEM RANGASAMY KUMAR,CHENNAI vs. ADIT , CPC , BANGALORE

This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in Appeal No.NFAC/2019-20/10074099 dated 12.05.2022. The return of income was processed and intimation u/s.143(1) of the Income Tax Act, 1961 (hereinafter the ‘Act’) was 2 issued by the Asst. Director of Income Tax, CPC, Bengaluru for the assessment year 2020-21 vide order dated 02.12.2021.

At the outset, it is noticed from the order passed by CIT(A) dated 12.05.2022 for the assessment year 2020-21 that the only issue raised before CIT(A) is as regards to the disallowance of belated payment of EPF amounting to Rs.34,098/-. The CIT(A) after considering the submissions of the assessee allowed appeal of assessee.

Now, when it was pointed out to ld.counsel for the assessee what is the grievance of assessee, he drew our attention to additional ground raised before us that the CIT(A) erred in not allowing exemption for Long Term Capital Gains on sale of land acquired by the Government under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) [“RFCTLARR” Act]. When a specific query was put to ld.counsel what was the issue before CIT(A), he could not controvert that only issue raised before CIT(A) was the disallowance of EPF payment paid belatedly and disallowance under challenge was only Rs.34,098/-, which the CIT(A) allowed.