RAM RATI,GURGAON vs. ITO WARD - 3(5), GURGAON

PDF · subscribers
ITA 4424/DEL/2019Status: DisposedITAT Delhi14 July 2021AY 2011-124 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the CIT(A) to grant one final opportunity to the assessee to substantiate her case, directing her to appear without seeking adjournments.

What were the facts?

The assessee sold land for Rs. 3,47,67,250/-. The AO computed long-term capital gain after allowing deduction under Section 54F, but the CIT(A) upheld the AO's lower deduction amount.

What were the issues?

Whether the CIT(A) erred in upholding the AO's calculation of deduction under Section 54F, and the assessee's failure to appear before the lower appellate authority.

Which sections of the Income-tax Act were involved?

Section 54F

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : SMC-2 : NEW DELHI

Before: SHRI R.K. PANDA

For Respondent: Shri M. Barnwal, Sr. DR
Hearing: 14.07.2021Pronounced: 14.07.2021

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2011-12 Ram Rati, Vs ITO, C-136, Sector 54, Ward-3(5), Suncity, Gurgaon. Gurgaon (Haryana). PAN: AWOPR8177M (Appellant) (Respondent) Assessee by : None Revenue by : Shri M. Barnwal, Sr. DR Date of Hearing : 14.07.2021 Date of Pronouncement : 14.07.2021 ORDER

This appeal filed by the assessee is directed against the ex parte order dated 22nd February, 2019 of the CIT(A)-1, Gurgaon, relating to assessment year 2014- 15.

2.

Although a number of grounds have been raised by the assessee, these all relate to the ex parte order of the CIT(A) in confirming the various additions made by the AO.

3.

None appeared on behalf of the assessee despite issue of notice. Therefore, this appeal is being decided on the basis of the material available on record and after hearing the ld. DR.

4.

Facts of the case, in brief, are that the assessee is an individual. The case of the assessee was reopened on the ground that the assessee has sold her land/property for a sale consideration of Rs.3,47,67,250/- with other co-owners. Accordingly, notice u/s 148 of the Act was issued on 20th April, 2015. In response to the same, the assessee submitted that the return already filed may be treated as return in response to notice u/s 148 of the Act. During the course of assessment proceedings, the AO asked various details from the assessee. After considering the same, the AO computed the long-term capital gain at Rs.48,66,062/- after allowing deduction of Rs.96,33,610/- u/s 54F of the IT Act. In appeal, the ld.CIT(A) upheld the action of the AO in considering the cost of construction of the housing property for claim of deduction u/s 54F at Rs.1,01,06,000/- as against Rs.1,44,94,672/- claimed by the assessee and thereby upholding the action of the AO.

5.

Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal.

6.

I have heard the ld. DR and perused the record. It is an admitted fact that despite number of opportunities granted by the CIT(A), the assessee was seeking adjournments under some pretext or the other and was not appearing. On the last occasion, there was non-appearance by the assessee before the CIT(A) for which he was constrained to pass the ex parte order dismissing the appeal of the assessee. Considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore the issue to the file of the CIT(A) with a direction to grant one final opportunity to the assessee to substantiate her case and decide the issue as per fact and law. The assessee is also hereby directed to appear before the CIT(A) without seeking any adjournment under any pretext and substantiate her case, failing which, the ld.CIT(A) is at liberty to pass appropriate order as per law. I hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.

More judgments on Section 54F

All 2,628 judgments and leading authorities on Section 54F →

Recent GST High Court judgments

Search GST case law →