SAJJADHUSEIN KADERBHAI KAPADIA,MUMBAI vs. INCOME TAX OFFICER 17(3)(2), MUMBAI
What did the Tribunal hold?
The Tribunal set aside the Commissioner (Appeals)'s order and restored the issue for de novo adjudication. The assessee was granted an opportunity to establish its claim for deduction under Section 54G before the Commissioner (Appeals).
What were the facts?
The assessee sold a godown for Rs. 1 crore, but the stamp valuation authority determined its value at Rs. 1.39 crore. The Assessing Officer treated the latter as the sale consideration, leading to a capital gain addition. The Commissioner (Appeals) confirmed this addition ex-parte.
What were the issues?
Whether the Commissioner (Appeals) was justified in disposing of the appeal ex-parte, and whether the assessee is entitled to a deduction under Section 54G.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN
Date of Hearing – 01.08.2019 Date of Order – 16.08.2019
O R D E R PER SAKTIJIT DEY. J.M.
Captioned appeal has been filed by the assessee challenging the order dated 1st March 2018, passed by the learned Commissioner (Appeals)–28, Mumbai, for the assessment year 2013–14.
When the appeal was called for hearing, no one was present on behalf of the assessee to represent the case in spite of notice of hearing having been issued through registered post with A/D.
2 Sujjadhusein Kaderbhai Kapadia Therefore, we proceed to dispose of the appeal ex–parte qua the assessee after hearing the learned Departmental Representative and on the basis of material available on record.
Brief facts are, the assessee is an individual. For the assessment year under dispute, the assessee filed his return of income on 22nd July 2013, declaring income of ` 5,74,654. In the course of assessment proceedings, the Assessing Officer noticed that during the year, the assessee had sold a godown at Vashi, Navi Mumbai, for a consideration of ` 1 crore. However, as per the stamp valuation authority, the value of the property was determined at ` 1,39,00,000. Therefore, considering the value determined by the stamp valuation authority as deemed sale consideration, the Assessing Officer computed net capital gain at ` 82,25,464, and added back to the income of the assessee. The assessee challenged the aforesaid addition by filing an appeal before the first appellate authority. However, learned Commissioner (Appeals) sustained the addition made by the Assessing Officer while disposing of assessee’s appeal ex–parte.
Heard the learned Departmental Representative and perused the material available on record. Undisputedly, the appeal filed by the assessee before learned Commissioner (Appeals) has been disposed of 3 Sujjadhusein Kaderbhai Kapadia ex–parte confirming the addition made by the Assessing Officer. As could be seen from the grounds raised, the dispute between the parties is with regard to the deduction claimed under section 54G of the Act. Without entering into the controversy whether ex–parte disposal of the appeal by learned Commissioner (Appeals) is justified or not, we are of the view, in the interest of justice assessee deserves an opportunity to establish its claim of deduction under section 54G of the Act before learned Commissioner (Appeals) with supporting evidence, which, he could not do since the appeal was decided ex– parte. Accordingly, we set aside the impugned order of learned Commissioner (Appeals) and restored the issue back to his file for de novo adjudication. Learned Commissioner (Appeals) is directed to provide adequate opportunity of being heard to the assessee before deciding the issue. Further, we also direct the assessee to respond to the hearing notices to be issued by learned Commissioner (Appeals) and represent his case in effective manner. Grounds are allowed for statistical purposes.
In the result, appeal is allowed for statistical purposes. Order pronounced in the open Court on 16.08.2019
More judgments on Section 54G
- Kloeckner Desma Machinery P. Ltd., Ahmedabad vs The Dy. CIT., Circle-2(1)(2), AhmedabadITA 555/AHD/2017[2012-13]Status: Disposed17 Jul 2026AY 2012-13
- Kloeckner Desma Machinery Pvt. Ltd… vs The ACIT, Circle-2(1)(2), AhmedabadITA 2579/AHD/2017[2013-14]Status: Disposed17 Jul 2026AY 2013-14
- The ACIT, Circle-2(1)(2), Ahmedabad vs Kloeckner Desma Machinery Pvt. Ltd…ITA 2322/AHD/2017[2013-14]Status: Disposed17 Jul 2026AY 2013-14
- Paras Mehta, Rajkot vs The ITO Ward 2 (1) (2), RajkotITA 548/RJT/2025[2015-16]Status: Disposed11 Mar 2026AY 2015-16
- DCIT, Circle 52(1), New Delhi vs Bhupinder Singh Bhalla, New DelhiITA 2964/DEL/2023[2016-17]Status: Disposed13 Feb 2026AY 2016-17
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