BIPIN M. GANDHI,MUMBAI vs. C.I.T.24, MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found no material to interfere with the Commissioner's findings. The Commissioner had directed the Assessing Officer to re-verify rental income and treat the consideration for development rights as income from other sources, denying Section 54EC exemption.
What were the facts?
The Commissioner of Income Tax invoked Section 263, holding the Assessing Officer's assessment order for AY 2006-07 to be erroneous and prejudicial to revenue. The issues involved were rental income from two properties and capital gains from the sale of development rights.
What were the issues?
Whether the assessment order was erroneous and prejudicial to revenue regarding rental income and capital gains from development rights, including the allowability of Section 54EC exemption.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI
Before: SHRI G.S. PANNU & SHRI PAWAN SINGH
The captioned appeal by the assessee is directed against the order passed by the Commissioner of Income Tax-24, Mumbai (in short ‘the Commissioner’) u/s 263 of the Income Tax Act, 1961 (in short ‘the Act’) dated 15.11.2011 pertaining to Assessment Year 2006-07 whereby the assessment order passed by the Assessing Officer u/s 143(3) of the Act dated 14.03.2008 has been held to be erroneous insofar as it is prejudicial to the interests of the Revenue within the meaning of Sec. 263 of the Act.
At the time of hearing, it was noticed that inspite of fixing of appeal on more than one occasion and service of notice by RPAD, none appeared on behalf of the appellant-assessee. On the other hand, the ld. DR appeared on behalf of the Revenue.
Accordingly, in view of Rule 24 of the Income Tax (Appellate Tribunal) Rules, 1963, the appeal of the assessee is being disposed off ex-parte the appellant-assessee after hearing the respondent-Revenue on merits and perusing the orders of the authorities below as under.
The Commissioner has found the assessment order passed by the Assessing Officer dated 14.03.2008 as erroneous insofar as it is prejudicial to the interests of the Revenue within the meaning of Sec. 263 of the Act on two Grounds. Firstly, on account of quantum of income assessable under the head ‘income from house property’. A perusal of the order of the Commissioner reveals that it was noted that the assessee was deriving rental incomes in respect of two properties; firstly, from Tata Motors Ltd. and secondly, from Laxmi Autowild (P) Ltd. As per the details discussed by the Commissioner in para 3, the rental income from the two properties worked out to Rs.3,66,000/- whereas assessee had shown rental income of Rs.2,40,817/-, which as per the Commissioner was wrongly accepted by the Assessing Officer in the assessment order. The Commissioner further referred to the submissions put forth by the assessee wherein it was explained that on account of termination of the Leave & Licence agreement of Tata Motors Ltd. in the year, there was a difference in the actual rent received vis-a-vis the contracted rent for the full year. The Commissioner has restored this matter back to the file of the Assessing Officer for proper verification after allowing the assessee an opportunity of being heard.
The second issue relates to Capital Gains declared by the assessee on account of sale of development rights of Rs.20,57,000/- and the claim of exemption u/s 54EC of Rs.2,10,000/- on account of investment in the bonds of NABARD. As per the Commissioner, there was no evidence of extra FSI available, which could have been sold by the assessee and, therefore, it has been inferred that the amount received is merely compensation for allowing the developer to construct two more floors in the existing building. As per the Commissioner, in the absence of the requisite proof, the amount offered for assessment and accepted by the Assessing Officer as Capital Gains was wrong and instead, it was to be treated as ‘income from other sources’ and consequently the deduction u/s 54EC of the Act was also wrongly claimed and allowed in the assessment order. On this aspect, the Commissioner considered the submissions put forth by the assessee, but in the absence of the requisite proof, directed the Assessing Officer to treat the impugned consideration to be assessable under the head ‘income from other sources’ and also denied the deduction u/s 54EC of the Act.
Having considered the arguments put forth by the ld. DR as also the discussion in the order of the Commissioner, we find that there is no material on record which would enable us to interfere with the findings of the Commissioner, which we hereby affirm. Thus, assessee fails in his appeal.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on 29th November, 2017
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026