PUSPA DATTATRAY MEGHE,MUMBAI vs. ITO 10(3)(4), MUMBAI

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ITA 6322/MUM/2016Status: DisposedITAT Mumbai15 June 2018AY 2011-125 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee, a senior citizen, could not furnish necessary details and evidence before the lower authorities. Considering the totality of facts and taking a lenient view, the Tribunal decided to remand the appeal back to the Assessing Officer for fresh examination.

What were the facts?

The assessee claimed deduction under Section 54 of the Income Tax Act. The assessee, a senior citizen, could not furnish necessary details and evidence before the Assessing Officer and the CIT(A) due to lack of awareness of tax laws and complexity. The appeal was decided ex-parte by the CIT(A).

What were the issues?

Whether the assessee's claim for deduction under Section 54 was rightly denied due to non-furnishing of evidence, and if the matter should be remanded for fresh consideration.

Which sections of the Income-tax Act were involved?

Section 54,Section 54EC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “I”, MUMBAI

Before: Shri JOGINDER SINGH, & Shri G. MANJUNATHA

For Appellant: Shri Mahesh O Rajora (AR)
For Respondent: Shri Virender Singh-DR
Hearing: 15/06/2018

आदेश / O R D E R

Per Joginder Singh (Judicial Member) The assessee is aggrieved by the impugned exparte order dated 18.08.2016 of the learned First Appellate Authority and confirming the claimed deduction under section 54 of the Act ignoring the fact that the sale consideration was deposited in the Fixed Deposit account in the bank and there was substantial compliance of conditions mention in section 54EC of the Act along with other grounds.

2.

During hearing the learned counsel for the assessee Shri Mahesh Rajora, claimed that the assessee is a senior citizen, old lady, could not engage a legal person as she was not aware about the complexity of income tax laws. Our attention was invited to para 2.4.2.1 of the impugned order wherein it has been mentioned that the assessee sought adjournments, which were not allowed and the assessee could not furnish the necessary evidence. It was contended that the assessee is having sufficient material to substantiate its claim. Therefore,

1.

3 ITA 6322/Mum/2016 for A.Y 2011-12 Pushpa Dattatray Meghe in the interest of justice, the matter may be remanded back to the file of the Assessing Officer so that the factual matrix may be considered. However, the learned DR Shri Virender Singh, contended that inspite of sufficient opportunities, provided to the assessee by the learned CIT(A), the matter may not be sent back.

3.

We have considered the rival submissions and perused the material available on record. It is noted that the assessee, a lady/senior citizen, claimed deduction under section 54 of the Act. The assessee could not furnish the necessary details and even before the learned CIT(A) the ITP, engaged by the assessee to represent her case, sought adjournments and could not file the necessary details and, thus, the addition made by the learned Assessing Officer was sustained. In para 2.4.2.1 of the impugned order it has been mentioned that the assessee sought adjournments and was not serious in prosecuting the appeal filed by the assessee. Considering the totality of facts and by taking a lenient view, we deem it appropriate to remand this appeal to the file of the learned Assessing Officer to examine the claim of the assessee afresh

4 ITA 6322/Mum/2016 for A.Y 2011-12 Pushpa Dattatray Meghe and decide in accordance with law. The assessee is at liberty to furnish necessary evidence, if any, in support of her claim, with further liberty of hearing. The appeal of the assessee is allowed for statistical purposes only.

Finally the appeal of the assessee is allowed for statistical purposes.

This Order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of the hearing on 14/06/2018.

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