IGNATIUS MATHEW KALAPURAKKAL,KOLLAM vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TRIVANDRUM

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ITA 106/COCH/2024Status: DisposedITAT Cochin25 September 2024AY 2015-16Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that both lower authorities rightly disallowed the exemption claim due to the assessee's failure to produce relevant details. The appeal was decided ex parte as the assessee did not appear.

What were the facts?

The assessee claimed an exemption under Section 10(10D) of the Income-tax Act for Rs. 38,09,506. The assessee failed to produce the life insurance policy or its photocopy when requested by the Assessing Officer, even after a remand report was sought.

What were the issues?

The primary issue was the validity of the Section 10(10D) exemption claim in the absence of supporting documentation for the life insurance policy.

Which sections of the Income-tax Act were involved?

Section 10(10D)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

Hearing: 14.08.2024Pronounced: 25.09.2024

Appellant by : --- None--- Respondent by : Sri.Sanjit Kumar Das, CIT-DR Date of Pronouncement : 25.09.2024 Date of Hearing : 14.08.2024 O R D E R Per Bench : This assessee’s appeal in 2014-2015 arises out of the directions of the Dispute Resolution Panel-2, Bengaluru vide DIN & Order No.ITBA/DRP/M/144C(5)/2023- 24/1058266942(1) dated 28.11.2023, in proceedings u/s.144C(1) of the Income-tax Act, 1961; in short “the Act” hereinafter.

Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex parte.

2.

Learned CIT-DR vehemently submits at the outset that both the lower authorities have rightly disallowed the assessee’s sec.10(10D) exemption claim of Rs.38,09,506 made in the lower proceedings. He next invited our attention that . Sri.Ignatius Mathew Kalapurakkal. the DRP’s detailed discussions in its directions dated 28.11.2023 that even a remand report was sought from the Assessing Officer wherein the assessee himself expressed his inability to get even photocopy of the life insurance policy concerned. That being the case, as evidenced from the appeal file before us, we are of the considered view that both the lower authorities have decided instant appeal against the assessee on account of his failure to produce all the relevant details. Rejected accordingly.

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