ACIT, CENTRAL CIRCLE-3, PATNA vs. SRI RAJESH KUMAR SINGH(HUF), PATNA
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Income Tax Appellate Tribunal, PATNA BENCH, PATNA
Before: DR. MANISH BORAD & SHRI SONJOY SARMA
आयकर अपीलीय अधिकरण न्यायपीठ, पटना। IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH, PATNA (Through virtual hearing at Kolkata) BEFORE DR. MANISH BORAD, ACCOUNTANT MEMBER & SHRI SONJOY SARMA, JUDICIAL MEMBER I.T.A. No. 70/PAT/2019 Assessment Year: 2010-11 Asst. Commissioner of Shri Rajesh Kumar Singh, HUF Income-tax, CC-3 , Vs S/o Late Laxmi Narayan Singh, Sita Patna Sadan, Rajapur Pul, Patna [PAN : AACHR7224K] अपीलार्थी/ (Appellant) प्रत्यर्थी/ (Respondent) Assessee by : Shri A.K. Rastogi, Advocate Revenue by : Shri Rinku Singh, CIT DR सुनवाई की तारीख/Date of Hearing : 09.07.2024 & 18.10.2024 घोषणा की तारीख /Date of Pronouncement : 18.10.2024 आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER: The captioned appeals filed by the Revenue, pertaining to assessment years 2010-11 are directed against the order passed by the Learned Commissioner of Income Tax (Appeals) – 3, Patna (hereinafter referred to as the ‘ld. CIT(A)’) dated 17th December, 2018, which is arising out of the assessment order u/s 143(3)/ 153C of the Income-tax Act, 1961 (the Act) vide dated 24th January, 2014.
Assessee has raised following grounds of appeal:-
“1. That the CIT (A) has erred in deciding the taxability of Long Term Capital Gain in the hands of taxpayer in the year of registration of JDA and GPA 2. That the CIT (A) has erred in deleting the entire addition made by the AO on account of Long Term Capital Gain arising out of sale of property in the year of registration of instrument, treated as year of acquisition;” 3. With the assistance of ld. CIT(DR), we have gone through the grounds raised by the Revenue. It is pertinent to note that the tax effect by
On due consideration of the above facts and circumstances, we dismiss these appeals of the Revenue for want of tax effect. However, in case on re-verification of the facts at the end of the Assessing Officer, it comes out that tax effect is more than 60 lacs or this case falls in any of the exceptions provided in this Instruction then Revenue will be at liberty to file Miscellaneous Application for revival of these appeals. Such application should be filed within the time limit provided in the Act.
In the result, all the appeals of the Revenue are dismissed. Order pronounced in the Court on 18th October, 2024 at Kolkata.
Sd/- Sd/- (SONJOY SARMA) (DR. MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated 18.10.2024 *SS, Sr.Ps आदेश की प्रतततिति अग्रेतषत/Copy of the Order forwarded to : अिीिार्थी / The Appellant 1. प्रत्यर्थी / The Respondent 2. संबंतित आयकर आयुक्त / Concerned Pr. CIT 3. 4. आयकर आयुक्त ) ( अिीि / The CIT(A)- 5. तवभागीय प्रततनति आयकर अिीिीय अतिकरण िटना/DR,ITAT, Patna, , , 6. गार्ड फाईि / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अिीिीय अतिकरण ITAT, Patna
