What did the Tribunal hold?

The Tribunal set aside the case back to the CIT(A) to consider the remand report from the AO and record findings on the character of the land. The CIT(A) was directed to provide a proper opportunity of hearing to the assessee.

The assessee appealed against the CIT(A)'s order confirming an addition of Rs. 903440/- as capital gain. The core issue was whether the land sold was agricultural, which would qualify for exemption.

What were the issues?

Whether the land sold was agricultural in nature and if the CIT(A) properly considered the remand report from the AO.

Jawaharlal Sarkar vs ITO | ITAT Kolkata 2017

Income Tax Appellate Tribunal, ‘D’ BENCH,KOLKATA

Before: Shri Partha Sarathi Chaudhury & Shri Dr. Arjun Lal Saini

For Appellant: Shri S.D Verma, Advocate, ld. AR

For Respondent: Shri Alok Nag, Addl. CIT, ld.DR

This appeal preferred by the assessee emanates from the order of the Ld. Commissioner of Income Tax (Appeals) [ in short [ Ld. CIT(A)], 13, Kolkata dated 25-02-2015 on the following grounds:-

1. For that the Ld. Commissioner of Income Tax (Appeals)-13 has erred in law and in facts in holding that on the date of sale land was non agricultural, ignoring remand report sent by A.O about character of land as appear in BLRO office records.

2. The Ld. Commissioner of Income Tax (Appeals)-13 has erred in facts and in law in confirming addition of Rs.903440/- as Capital Gain, where as this amount is profit arising out of sale of agricultural land and qualify for exemption of Income Tax.

3. That the appellant craves leave to add, alter or modify any other grounds of appeal at hearing stage.

That at the very outset we observe from the case records in the grounds of appeal, one of the grounds taken by the assessee is that the CIT-A has ignored the remand report sent by the AO regarding character of land. The main grievance in this appeal is as to whether the land is agricultural in nature. If that be so, then the assessee qualifies for exemption under the I.T Act or else on the profit arising out of sale of the land capital gain may be attracted. That since the 2 Jawaharlal Sarkar plea of the assessee is that remand report was not considered by the ld. CIT(A). At the time of hearing itself, the ld.AR of the assessee prayed before us that the matter involved in this appeal be set aside back to the file of the CIT(A) for considering the remand report and record his findings therein after giving proper opportunity of hearing to the assessee.

On the other hand, the ld.DR did not oppose this view.

We on perusal of the case records and hearing the rival parties arrive at our considered view to meet the ends of justice, the findings and reasons of the first appellate authority regarding remand report is necessary to appreciate the rights and liabilities of the assessee. Therefore, we set aside this case back to the file of the ld. CIT-A with the direction to record his reasons on the remand report sent by the AO after giving proper opportunity of hearing to the assessee and adjudicate the case a per law. We order accordingly. The grounds raised by the assessee are allowed for statistical purpose.

In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open Court on 09-02-2017

JAWAHARLAL SARKAR,KOLKATA vs. ITO, WD-43(2), KOLKATA, KOLKATA

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