AMRISH KUMAR,GHAZIABAD vs. ITO WARD 1(5), GHAZIABAD
What did the Tribunal hold?
The Tribunal found that the assessee, being illiterate and claiming to be misguided by professionals, was not properly represented. In the interest of justice, the matter was remitted back to the Assessing Officer for fresh consideration, including the claim for exemption under Section 54F.
What were the facts?
The assessee, an illiterate farmer, claims he was not properly represented during assessment and appellate proceedings. The Assessing Officer made an addition of Rs. 78,10,000/- as short-term capital gain, and the CIT(A) sustained it, denying Section 54F exemption.
What were the issues?
Whether the assessment order passed ex-parte is valid, and whether the assessee is eligible for exemption under Section 54F on the sale of agricultural land.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 144,Section 54F,Section 48,Section 49
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- Goetze (India) Ltd. v. CIT1,842 citing284 ITR 323 · 2006 · SC
Income Tax Appellate Tribunal, DELHI BENCH, ‘A’: NEW DELHI
Before: SHRI SHAMIM YAHYA & Ms. ASTHA CHANDRA
per law. Needless to say the assessee be given opportunity of being heard.
In the result, this appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 05th April, 2023.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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