VASANTHA KALYANASUNDARAM,CHENNAI vs. ITO, NCW-15(5), CHENNAI
What did the Tribunal hold?
The tribunal remanded the matter to the Assessing Officer (AO) for examination of evidence regarding the agricultural land. Grounds related to Section 50(c) and computation were dismissed as infructuous.
What were the facts?
The assessee appealed an order concerning the assessment year 2015-16. Grounds related to DIN were dismissed as not pressed. The primary issue involved exemption on the sale of agricultural land.
What were the issues?
Whether the land sold qualifies as agricultural land for exemption purposes and the applicability of Section 50(c) in light of the remand.
Which sections of the Income-tax Act were involved?
Section 2(14),Section 50(c)
AI-generated summary — verify with the full judgment below
Before: SHRI. M. BALGANESH & BEFORE SHRI S.S. VISWANETHRA RAVI
आयकर अपीलीय अिधकरण, ’सी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI �ी ऐम. बालगनेश, लेखा सद एवं �ी एस.एस. िव$ने% रिव, �ाियक सद के सम& । BEFORE SHRI. M. BALGANESH, ACCOUNTANT MEMBER AND BEFORE SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं./I.T.A. No. 2772/Chny/2025 िनधा(रण वष(/Assessment Year: 2015-16 Vasantha Kalyanasundaram, Vs. Income Tax Officer, Old No. 7, New No.19/6, Non-Corporate Ward -15(5), 3rd Main Road, Gandhi Nagar, Chennai. Adyar, Chennai – 600 020. [PAN: ABOPV-7644-N] (अपीलाथ+/Appellant) (,-थ+/Respondent) अपीलाथ+ की ओर से / Appellant by : Mr. N. Arjunraj, Advocate ,-थ+ की ओर से/Respondent by : Ms. Nayani Swapna, CIT सुनवाई की तारीख/ Date of hearing : 25.06.2026 घोषणा की तारीख /Date of Pronouncement 03.08.2026 : आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 26.08.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2015-16.
Ground no.1 is general in nature requiring no adjudication.
2 ITA No. 2772/Chny/2025
The ld.AR, Mr. N. Arjunraj, Advocate, submits that assessee is not
interested to prosecute ground nos. 2, 3 & 4 regarding DIN and
therefore, dismissed as not pressed.
Ground no.5 to 7 & 16 raised by the assessee regarding
exemption u/s. 2(14) of the Income-tax Act, 1961 (herein after “the Act”)
on sale of agricultural land.
At the outset, it was argued that no information whatsoever
furnished during the course of assessment proceedings as well as the
appellate proceedings which is evident from para no.4 of the impugned
order. The ld.AR placed on record paper book containing two sale
deeds dated 06.02.2003 & 25.02.2015 claiming that the lands sold are
agricultural lands which were not before both the authorities below, and
prayed to remand the matter to the file of AO.
The ld.DR, Ms. Nayani Swapna, CIT, reported no objection.
Considering the facts and circumstances of the case, we deem it
proper to remand the matter to the file of the AO for examination of
material evidences which claiming to be the agricultural land as argued
3 ITA No. 2772/Chny/2025
by the ld.AR and the AO shall examine the same and pass order in
accordance with law. Therefore, the order of the ld.CIT(A) is not justified
in this regard and is set aside. Ground nos. 5 to 7 & 16 are allowed for
statistical purposes.
Regarding Ground nos. 8 to 10, since we have taken a view in
remanding the matter to the file of the AO in respect of ground nos. 5 to
7 & 16 with reference to claiming of exemption of sale of agricultural
lands, we find the issue raised in ground nos. 8 to 10 with reference to
provisions u/s. 50(c) of the Act becomes infructuous, however, the same
is open for assessee to raise before the AO in giving effect proceedings.
Thus, ground nos. 8 to 10 are dismissed as infructuous.
Ground nos. 11 to 15 is in respect of computation, in our opinion
is consequential in nature and therefore, dismissed as infructuous.
In the result, appeal filed by the assessee is partly allowed. Order pronounced on 03rd August, 2026 at Chennai.
Sd/- Sd/- (M. BALGANESH) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
4 ITA No. 2772/Chny/2025
Chennai, Dated: 03.08.2026 JPV आदेश की ,ितिलिप अ3ेिषत/Copy to: 1. अपीलाथ+/Appellant, 2.,-थ+/ Respondent, 3. आयकर आयु4/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय ,ितिनिध/DR & 5. गाड( फाईल/GF.
Digitally signed by PRASANNA PRASANNA VANI JETTY VANI JETTY Date: 2026.08.06 10:06:42 +05'30'
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