GURKANWARPAL KIRPAL SINGH,PUNE vs. INCOME-TAX OFFICER, WARD - 14(3), PUNE

The learned A.R submits that the A.O denied exemption u/s 54GB of the Income-tax Act (“the Act” for short) and the assessee challenged the same before the CIT (A). The CIT (A) issued notice dated 18-7-2018 intimating the date of hearing on 30-7-2018 which was received by the assessee on 2-8-2018. The learned A.R referred to para 4 of the impugned order and submitted that this Tribunal may accord another opportunity to the assessee to prosecute his appeal before the CIT (A). The learned DR did not dispute that the notice intimating the date of hearing was received by the assessee on 2-8-2018. We note that the CIT (A) reproduced the copy of acknowledgement in the impugned order wherein it clearly shows the date of receipt of said notice on 2-8-2018 which is subsequent to the date of hearing. On perusal of the A.O’s order, we note that the A.O has made disallowance of long term gain to an extent of Rs. 42,76,524. Challenging the same, the assessee filed an appeal before the CIT(A). For non-receipt of notice, the Gurkanwarpal Singh A.Y. 2012-13 assessee could not appear before the CIT(A) and there was no opportunity for the assessee in the first appellate proceedings. We find that the issue raised before the CIT(A) is regarding the denial of exemption u/s 54GB of the Act requires assistance of the assessee by filing requisite explanation in support of his claim. Thus, we find force in the arguments of learned A.R in remanding the issue to the file of the CIT(A) for fresh adjudication. The assessee is at liberty to file evidences, if any, in support of his case. Thus, the issues raised in the appeal are remanded to file of the CIT(A) for statistical purposes.

In the result, the appeal is allowed for statistical purposes.