BALWANT SINGH,LINK ROAD DLF CHAATARPUR FARMS, CHATTARPUR vs. ITO WARD 29 (7) , DELHI, ITO WARD DELHI
What did the Tribunal hold?
The Tribunal restored the matter to the AO for de novo consideration, allowing the assessee to submit documentary evidence for the Section 54B deduction. The assessee will be given a reasonable opportunity to be heard.
What were the facts?
The assessee, a super senior citizen, passed away and could not submit documentary evidence to the AO for his Section 54B claim due to health issues. The AO rejected the claim, and the CIT(A) also dismissed the appeal without considering subsequently available documents.
What were the issues?
Whether the assessee's claim for deduction under Section 54B should be allowed after considering the documentary evidence, especially given the circumstances of the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, C: NEW DELHI
Before: SHRI SUNIL KUMAR SINGH & SMT. RENU JAUHRI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, C: NEW DELHI BEFORE SHRI SUNIL KUMAR SINGH, JUDICIAL MEMBER AND SMT. RENU JAUHRI, ACCOUNTANT MEMBER ITA No.- 4901/Del/2025 [Assessment Year: 2017-18] Balwant Singh, ITO, No. 4, Link Road, DLF Chhatarpur Ward 29(7), Farms, New Delhi-110074. Vs Delhi-110002. PAN- ABVPS4904P Assessee Revenue Assessee by None Revenue by Shri Vikram Singh Sharma, CIT(DR) Date of Hearing 29.06.2026 Date of Pronouncement 29.06.2026 ORDER Per Renu Jauhri, Accountant Member:
This appeal by the assessee is against order dated 18.06.2025 of the National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as the ‘Ld. CIT(A)] arising out of the Assessment Order dated 30.12.2019 passed under section 143 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the ITO-29(7), Delhi (hereinafter referred to as the ‘AO’) pertaining to Assessment Year (A.Y.) 2017- 18.
ITA No.- 4901/Del/2025 Balwant Singh . 2. The assessee has taken multiple grounds of appeal. On the date fixed for hearing none appeared on behalf of the assessee an application for adjournment was filed. Legal heir of the assessee Ms. Kirandeep Kaur is brough on record in view of application dated 11.03.2026. 3. Sole substantive issue in this case relates to the rejection of assessee’s claim u/s 54B of the Act. 3.1 We have heard the ld. DR and perused the material available on record. We note that the assessee was a super senior citizen who has since passed away. Due to severe health issues, he could not submit requisite documentary evidences before the AO in time. Accordingly, Ld. AO finalised the assessment rejecting the claim of deduction u/s 54B vide order dated 30.12.2019. 3.2 Aggrieved, the assessee filed appeal before the Ld. CIT(A). The relevant documents became available on 31.12.2019 but the same were not considered by Ld. CIT(A), who dismissed the assessee’s appeal vide order dated 18.06.2025. 3.3 In view of the above facts and circumstances, in the interest of substantive justice, we deem it appropriate to restore the matter to the jurisdictional AO for denovo consideration after taking into account, the documentary evidences now available with the assessee in support of claim of deduction u/s 54B of the Act. Needless to add, the assessee shall be given a reasonable opportunity of being heard before finalising the assessment. 2
ITA No.- 4901/Del/2025 Balwant Singh . 4. In the result, appeal is allowed for statistical purposes. Order pronounced in the open court on 29.06.2026.
Sd/- Sd/- [SUNIL KUMAR SINGH] [RENU JAUHRI] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated- 30.06.2026. Pooja. Copy forwarded to: 1. Assessee 2. Respondent 3. CIT 4. CIT(A) 5. DR
Asst. Registrar, ITAT, New Delhi,
More judgments on Section 54B
- Jagdishbhai Vasharambhai Italiya, Ahmedabad vs The ITO, Ward-3(1)(1), AhmedabadITA 150/AHD/2026[2015-16]Status: Disposed14 Oct 2026AY 2015-16
- Sheela Devi, Etawah vs ITO, Ward 2(2)(5), EtawahITA 419/AGR/2026[2015-16]Status: Disposed12 Oct 2026AY 2015-16
- Shailendra Kumar Sogani, Bhopal vs Deputy Commissioner of Income Tax 4(1)…ITA 1076/IND/2025[2012-13]Status: Disposed12 Oct 2026AY 2012-13
- Nohar Yadav, Mandir Hasoud, Teh. Arang vs Income Tax Officer - Ward 1(2), Raipur…ITA 640/RPR/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
- Nohar Yadav, Mandir Hasoud, Teh. Arang vs Income Tax Officer - Ward 1(2), Raipur…ITA 639/RPR/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
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