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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI SONJOY SARMA
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 21-06- 2022 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) of the Act on 26-12-2019. 2. The grievance of the assessee is that the additional grounds and additional evidences as filed by the assessee were not considered by first appellate authority. The Ld. AR pleaded for consideration of the 2 - same by Ld. CIT(A). The Ld. Sr. DR, on the other hand, submitted that the assessee failed to prove the claim of exemption u/s 10(37). Having heard rival submissions, the appeal is disposed-off as under.
The assessee received land acquisition compensation from National Highway Authority, Thiruvallur which the assessee claimed to be exempt u/s 10(37). However, the assessee did not file supporting evidences during assessment proceedings and accordingly, the compensation of Rs.6.85 Lacs was added to the income of the assessee. The Ld. CIT(A) confirmed the same.
We find that the assessee had filed petition for admission of additional grounds of appeal
as well as additional evidences before Ld. CIT(A) which have remained to be considered by Ld. CIT(A) in the impugned order. Since the documents were never produced before any of the lower authorities, we restore the assessment to the file of Ld. AO for denovo adjudication with a direction to the assessee to substantiate its claim.
5. The appeal stand allowed for statistical purposes.
Order pronounced on 25th August, 2022.