P.RAJAMANICKAM,NAMAKKAL vs. ITO WARD 3, NAMAKKAL
What did the Tribunal hold?
The Tribunal held that the CIT(A) decided the appeal without affording the assessee an effective opportunity to be heard. Therefore, the case was remitted back to the CIT(A) for a decision on merits after providing a proper hearing.
What were the facts?
The assessee claimed a deduction under Section 54F for the sale of a property, but the Assessing Officer (AO) denied it due to insufficient details regarding construction costs. The CIT(A) dismissed the assessee's appeal without providing an effective opportunity to be heard.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without providing an effective opportunity to the assessee to present their case. The validity of the deduction claim under Section 54F was also an underlying issue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
आदेश/ O R D E R
PER S. JAYARAMAN, ACCOUNTANT MEMBER:
The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals), Salem in 18 dated 08.03.2019 for the assessment year 2009-10.
Shri P. Rajamanickam, the assessee, is an individual carrying on the business in the names of M/s. P.R.M. Petroleum Agencies and M/s. P.R.M. Tyres. While making the assessment for :-2-: 2009-10, the AO inter-alia, made addition on account of Short Term Capital Gain (STCG) on sale of car. Further, the assessee sold a property and claimed deduction U/s.54F. The AO required to furnish full and complete details of construction amount. Since, the assessee failed to furnish, the AO held that the assessee has not constructed any residential house during the eligible period and therefore, the AO refused to allow the deduction claim U/s.54F at Rs.27,90,653/-. Aggrieved against that order, the assessee filed an appeal before the CIT(A) and the ld.CIT(A) dismissed the appeal. Aggrieved against that order, the assessee filed this appeal.
While the case was taken up for hearing, none appeared from the assessee’s side. The ld.DR submitted that it is seen from the order of the ld.CIT(A) that none appeared from the assessee’s side and hence the ld.CIT(A) disposed the appeal based on the materials on record. Since, the assessee has not appeared before this Hon’ble Tribunal, the order of the ld.CIT(A) may be confirmed.
We heard the ld.DR and gone through the order of the ld.CIT(A). The ld.CIT(A) has mentioned that the appellant has filed written submission on 06.03.2019 and simply stated that the same
:-3-: may be taken on record and the case be decided accordingly. Therefore, the ld.CIT(A) proceeded to decide the appeal without any opportunity to the assessee. Since, the appeal is decided without hearing the assessee, we deem it fit to remit the issues back to the ld.CIT(A) for deciding the case on merit after affording effective opportunity to the assessee. While doing so, the CIT(A) may, if he thinks it fit, require the AO concerned to make appropriate enquiry as per sub-section 4 of Section 250 and after furnishing a copy of such report to the assessee and affording effective opportunity, may decide the issues in accordance with law.
In the result, the assessee’s appeal is treated as partly allowed for statistical purpose.
Order pronounced in the court on 3rd October, 2019 at Chennai.
More judgments on Section 54F
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
- Nand Kishore Agarwal, Hyderabad vs Income Tax Officer, Ward-7(3), Hyderabad.ITA 2101/HYD/2025[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Jaipal Jona, Hyderabad vs DCIT, Central Circle-3(3), HyderabadITA 1889/HYD/2025[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
Recent GST High Court judgments
Search GST case law →- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026