SRI VIJAY SHANKAR PRASAD,HAZARIBAGH vs. ITO WARD-2(2), HAZARIBAGH

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ITA 208/RAN/2017Status: DisposedITAT Ranchi03 March 20202 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that crucial factual aspects regarding the land's agricultural nature and its proximity to a municipality needed fresh consideration. Therefore, the case was restored to the CIT(A) for a fresh decision.

What were the facts?

The assessee claimed land as agricultural, not attracting capital gains tax, and argued it was situated within 8 kilometers of a municipality. The Assessing Officer initiated proceedings under Section 147.

What were the issues?

Whether the land in question is agricultural and thus exempt from capital gains tax, and its classification based on proximity to a municipality.

Which sections of the Income-tax Act were involved?

Section 147,Section 2(14)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, : RANCHI BENCH, RANCHI

Before: SHRI S.S.GODARA

For Respondent: Smt. Nisha Singhmarr, JCIT(DR)
Hearing: 03.03.2020Pronounced: 03.03.2020

Date of hearing 03.03.2020 Date of pronouncement 03.03.2020 O R D E R S. S. Godara(Oral): This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals), Hazaribagh, Jharkhand dated 12.06.2017 passed in case no.64/HZB/2015-16 involving proceedings u/s 147 of the Income Tax Act, 1961 (in short ‘the Act’). Case called twice. None appears at assessee’s behest. The Registry has already sent an RPAD notice to the assessee dated 12.02.20. I accordingly proceed ex parte.

2.

I notice with Revenue’s able assistance that the assessee has claimed the land in question treated as capital asset to be agricultural and not attracting capital gains tax. He also appears to have filed certificate of the local authority(ies) as well prima facie indicating the very factual position. His further case was that this land is situated within 8 kilometres of a municipality cantonment or board u/s 2(14)(iii) of the Act. All these crucial factual aspects; in my opinion, deserve to be considered afresh by the CIT(A). I therefore restore

I.T.A No.208/Ran/2017 Vijay Shankar Prasad the instant lis back to the CIT(A) for his afresh decision within three effective opportunities of hearing as per law.

3.

This assessee’s appeal is allowed for statistical purposes.

Order is pronounced in the open court on 03.03.2020.

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