JAIPRAKASH SHANKARAPPA HALKUDE,LATUR vs. INCOME TAX OFFICER, WARD-1, LATUR, LATUR

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ITA 883/PUN/2023Status: DisposedITAT Pune30 August 2023AY 2011-124 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the NFAC's order was cryptic and passed without considering the merits of the case. It also noted that the assessee might have been prevented from appearing due to COVID-19 related difficulties.

What were the facts?

The assessee received enhanced compensation and interest on it. The Assessing Officer initiated reassessment proceedings and taxed the interest on enhanced compensation and bank interest. The NFAC confirmed the AO's order and dismissed the assessee's appeal ex-parte.

What were the issues?

Whether the NFAC's ex-parte order was justified and whether the assessee's appeal should be decided on merits.

Which sections of the Income-tax Act were involved?

Section 139,Section 148,Section 143(3),Section 147,Section 10(37)

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Cases cited in this judgment(1)Show list

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  • 441 ITR 722
    441 ITR 722 · 2022 · SC
    162 citing

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI INTURI RAMA RAO

For Respondent: Smt. Sonal Sonkavde
Hearing: 25.08.2023Pronounced: 30.08.2023

ORDER

PER INTURI RAMA RAO, AM:

1.

This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 31.03.2022 for the assessment year 2011-12.

2.

Briefly, the facts of the case are that the appellant is an individual. Voluntarily, no regular Return of Income for the assessment year 2011-12 was filed by the appellant under the provisions of section 139 of the Income Tax Act, 1961 (‘the Act’).

On receipt of the information that the appellant had received enhanced compensation of Rs.60,58,208/- and interest on such compensation of Rs.30,29,104/- from the Deputy Collector, Land Acquisition (Ausa-Renapur), Latur, the Assessing Officer issued a notice u/s 148 of the Act dated 23.03.2018. In response to the notice u/s 148, the appellant had filed the return of income on 28.03.2018 declaring Rs.Nil income and claimed exemption of enhanced compensation and interest on such compensation amounting to Rs.60,58,208/- as exempt u/s 10(37) of the Act. Against the said return of income, the assessment was completed by the Income Tax Officer, Ward-1, Latur (‘the Assessing Officer’) vide order dated 22.12.2018 passed u/s 143(3) r.w.s. 147 of the Act by bringing to tax the interest received on enhanced compensation of Rs.30,29,104/- (being 50% of the enhanced compensation of Rs.60,58,208/-) and bank interest of Rs.34,502/-.

3.

Being aggrieved by the above order of assessment, an appeal was filed before the NFAC, who vide impugned order confirmed the action of the Assessing Officer as well as dismissed the appeal ex-parte, as the appellant had failed to respond the notice of hearing.

4.

Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.

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