BALARAM JANU BHOIR ,MUMBAI vs. INCOME TAX OFFICER WARD, 3(1), KALYAN

IN THE INCOME-TAX APPELLATE TRIBUNAL “B” BENCH,
MUMBAI
BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL
MEMBER
&
SMT. RENU JAUHRI, ACCOUNTANT MEMBER
Balaram Janu Bhoir
Bhoir Chawl, Bhoir Sadan,
Retibunder Cross Road,
Thakurli (W),
Dist. Thane-421202
v/s.
बनाम
ITO, Ward, 3(1), Kalyan
2nd Floor, Rani Mansion,
Murbad Rod, Kalyan,
Dist. Thane-421301
स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: ARRPB3139P
Appellant/अपीलार्थी
..
Respondent/प्रतिवादी

Assessee by :
Shri V. G. Ginde
Revenue by :
Ms. Monika H. Pandep

Date of Hearing
19.12.2025
Date of Pronouncement
09.01.2025

आदेश / O R D E R

PER RENU JAUHRI [A.M.] :-

This appeal is filed by the assessee against the order of the Learned
Commissioner of Income-tax (Appeals), Mumbai/National Faceless Appeal
Centre, Delhi [hereinafter referred to as “CIT(A)”] dated 30.07.2024 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year [A.Y.] 2013-14. 2. The assessee has raised following grounds of appeal:
“1. On the facts and in the circumstances of the case, and in law, the assessment order u/s.147 read with Section 144 read with Section 144B of the Income-tax
Act, dated 13.09.2021, passed by the Faceless Assessing Officer ('FAO') of National Faceless Assessment Centre, is bad in law for lack of juri iction u/s P a g e | 2
A.Y. 2013-14

Balaram Janu Bhoir

144B(1) for passing assessment order u/s.147 prior to 29.03.2022, when notification u/s.151A was issued by the Central Government. The appellant, therefore, prays that the impugned assessment order be quashed.

The appellant, therefore, prays in the alternative, and without prejudice, to the prayers made in Ground No.1 and 2 above, that the Ld. AO be directed to compute the capital gain, if any, as long-term capital gain, after considering the indexed cost thereof, and only 1/3rd share of such capital gain be assessed in the hands of the appellant.”

P a g e | 3
A.Y. 2013-14

Balaram Janu Bhoir the entire amount of Rs. 74,28,000/- as short-term capital gains in the hands of the assessee.
4. Aggrieved with this order, the assessee filed an appeal before Ld. CIT(A) and submitted in the grounds of appeal that during the year under consideration, only a development agreement had been entered into and capital gain would be paid at the time of allotment of built-up area to the assessee. A copy of Joint Development Agreement (JDA) was also filed before Ld. CIT(A).
However, Ld. CIT(A) dismissed the assessee’s appeal observing that the assessee did not clarify as to how the JDA was related to the sales agreement and held that the transfer of capital asset had taken placed in the year under consideration and transaction was within the purview of definition of transfer u/s 2(47) of the Act.
Aggrieved with the order of Ld. CIT(A), the assessee is in appeal before us.
5. We have heard the Parties. It is clear that the assessee did not make proper compliance before Ld. AO with regard to his claim that the subject matter of land was an ancestral property and that the assessee was one of the three co-owners of the said land. Accordingly, the capital, if any, had to be calculated after considering only 1/3rd share in the hands of the appellant and after reducing the indexed cost of acquisition from the amount received as consideration. Since no verification of assessee’s claim has been made before

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A.Y. 2013-14

Balaram Janu Bhoir the lower authorities, we deem it appropriate to restore the matter back to the file of Ld. AO for a fresh adjudication after considering submissions of the assessee. The assessee is also directed to make requisite compliance before Ld.
AO.
6. In the result, the appeal of the assessee is allowed for statistical purposes.

Place: म ुंबई/Mumbai
दिनाुंक /Date : 09.01.2025
अननकेत स ुंह राजपूत/ स्टेनो
आदेश की प्रतितलति अग्रेतिि/Copy of the Order forwarded to :
1. अपीलार्थी / The Appellant
2. प्रत्यर्थी / The Respondent.
3. आयकर आयुक्त / CIT
4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT,
Mumbai
5. गार्ड फाईल / Guard file.

सत्यावपि प्रवि ////
आदेशानुसार/ BY ORDER,

उि/सहायक िंजीकार (Dy./Asstt.