CHIRAMAL KUNJAVOO CHAKUNNY GEORGE,TRICHUR vs. THE ITO WARD 2(2), THRISSUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CIT(A)'s action of restoring the deduction claim to the AO was not sustainable due to statutory amendments. The Tribunal also noted that additional submissions by the assessee were not adjudicated on merits.
What were the facts?
The assessee's appeal for AY 2015-16 was against the CIT(A)'s order. The CIT(A) had restored the assessee's Section 54F deduction claim to the Assessing Officer.
What were the issues?
Whether the CIT(A) had the power to restore a deduction claim to the AO. Whether additional submissions made by the assessee were properly considered.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Goetze (India) Ltd. v. CIT1,842 citing284 ITR 323 · 2006 · SC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench This assessee’s appeal for A.Y. 2015-16 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/NFAC/S/250/2023- 24/1053686304(1) dated 13.06.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both parties at length. Case file perused.
It emerges at the outset from a perusal of the CIT(A)/NFAC lower appellate discussion in para 5.3.2 that he has restored the assessee’s section 54F deduction claim to the Assessing Officer which is no more sustainable in light of the statutory Chiramal Kunjavoo Chakunny George amendment in section 251(1)(a) w.e.f. 01.06.2001 as the corresponding statutory expression ‘he may set aside’ stands omitted. Learned counsel further submits that the assessee has filed his additional submissions before the CIT(A) in light of Goetze (India) Ltd. v CIT [(2006) 284 ITR 323 (SC)] as well which has not been adjudicated on merits.
Be that as it may, once we restore the assessee’s instant case back to the Assessing Officer, we make it clear that the taxpayer shall indeed be at liberty to plead and prove all the facts within three effective opportunities of hearing at his own risk and responsibility in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
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 →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026