SRI SHYAMALENDU KONAR,BURDWAN vs. ITO, WARD-1(2), BURDWAN, BURDWAN
What did the Tribunal hold?
The tribunal held that the CIT(A) erred by allowing the AO to conduct an enquiry without providing an opportunity to the assessee to participate. The appeal was remanded to the AO for verification of the additional grounds.
What were the facts?
The assessee filed his return of income, and the AO made additions based on the sale consideration of land and business income. The assessee appealed to the CIT(A) raising additional grounds for deductions and exemption.
What were the issues?
Whether the CIT(A) was justified in confirming additions without affording the assessee an opportunity to participate in the enquiry conducted by the AO on additional grounds.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH
Before: Shri M.Balaganesh & Shri S.S.Viswanethra Ravi
This appeal by the assessee is directed against the order dated 26-05-2014 passed by the Commissioner of Income Tax(Appeals), Asansol for the assessment year 2010-11, wherein he confirmed the additions made by the AO.
Inspite of service of notice, none appeared of behalf of revenue. Therefore, after hearing the Ld.AR of the assesse and perusing the material available on record, we dispose off the appeal on merits.
The only issue is to be decided in this appeal as to whether the CIT-A is justified without affording an opportunity to the assessee in the enquiry as conducted by the AO concerning the additional grounds as raised by the assessee before the CIT-A.
Brief facts of the case are that the assessee is an individual and conducting his business in the name of style of “Konar Mill Stores “ as supplier of spare parts to various rice mills. The assessee filed his return of income declaring a total income of Rs.1,56,420/- and under scrutiny, notices U/sec. 143(2) and 142(1) of the Act were issued. In response to which the assessee submitted purchase deed of a land and a bank statement belonging to United Bank of India, Burdwan Station Bazar. According to AO, the sale consideration of said land as determined by the Stamp Valuation Authority was at Rs.59,76,250/- and calculated the value of such transfer of asset at Rs.46,34,640/- for the purpose of long term capital gain, besides, also assessed the income from business & profession at Rs.1,56,420/- and determined the total income of the assessee at Rs.47,91,060/- u/s. 143(3) of the Act.
The assessee, as aggrieved, assailed the same before the CIT-A, wherein, the assessee raised additional grounds claiming deduction on brokerage, incidental expenses, cost on improvement and exemption/deduction u/s. 54F of the Act. The CIT-A confirmed the order of AO.
The contention of the Ld.AR was that before us, that the CIT-A sought enquiry report from AO and did not provide an opportunity to assessee to participate in such enquiry and referred to para-3 of impugned order of the CIT-A and argued that it is unilateral enquiry. Likewise, Ld.AR referred to para-6 of CIT-A’s order that there was no opportunity for the assessee to produce evidence in respect of claim of brokerage and incidental expenses before the AO and basing on such enquiry report as conducted by the AO behind the back of assessee the CIT-A dismissed the claims as raised in additional grounds.
6.1 The Ld. AR further submits that while referring to para 8,13,14 and 18 regarding claim of cost improvement and deduction U/s. 54F, the appeal may be remanded to the AO for verification as the enquiry as conducted by the AO are against principle of natural justice.
On the contrary, the Ld. DR relied on the orders of authorities below.
In view of the discussion above, we find that the CIT-A instead of seeking remand report from AO allowed the AO to conduct enquiry in the absence of assessee. It is noticed from paras 6 and 18 that the CIT-A dismissed the claim on brokerage and incidental expenses and deduction U/sec. 54F of the Act for want of evidence. In such circumstances as submitted by the Ld.AR to remand the appeal to AO, in the interest of justice, we deem it fit, proper to remand the appeal to the file of AO for verification in terms of Additional grounds as raised by the assessee before the CIT-A. The assessee shall be at liberty to file/produce evidences, if any to substantiate his claim and shall co-operate with the AO in the assessment proceeding without seeking any adjournment. Accordingly, the grounds raised by the assessee are allowed for statistical purpose.
In the result, the appeal of assessee is allowed for statistical purpose. 9.
More judgments on Section 54F
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- Renu Arun Talwar, Mumbai vs Circle 17(1), MumbaiITA 204/MUM/2026[2012-13]Status: Disposed16 Oct 2026AY 2012-13
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